K.J.Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in Crl.O.P.(MD)No.2802 of 2023 1 K.J.KARTHICK 2 K.J.SAVATHRI 3 N.JAMBESHWARAN 4 K.J.SAROJA DEVI 5 K.J.PURUSOTHAMAN ... PETITIONERS/PETITIONERS Vs 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI. (CRIME NO.43/2018).

2 K.HEMAMALINI ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to dispense with appearance of the petitioners in the case in CC No.1449/2022 dt.13/8/2022 on the file of the Additional Mahila Court(Judicial Magistrate), Madurai, pending disposal of the main Criminal Original Petition.

Prayer in CRL OP(MD). 2802/ 2023 :

To call for the records in CC No.1449/2022 on the file of the Additional Mahila Court(Judicial Magistrate),Madurai and quash the proceedings initiated against the petitioners. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S,PRABHU.L, Advocate for the petitioner and of M/S.R.SIVAKUMAR, Government Advocate(Crl.side) on behalf of the Respondents the court made the following order:- 1/3

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent.

2.Considering the facts and circumstances, the personal appearance of the petitioners 2 to 5 before the trial Court is ordered to be dispensed with, on conditions that they shall appear at the time of initial questioning, proceedings under Section 313 of Cr.P.C., and at the time of passing judgment and on all the hearings, specifically directed by the trial court. The petitioners 2 to 5 are further directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing dates and that the Counsel representing them will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioners 2 to 5 shall not dispute the identity of the witnesses.

The petitioners 2 to 5 shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification. If the petitioners 2 to 5 adopts any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667. sd/- 16/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1.THE ADDITIONAL MAHILA JUDGE(JUDICIAL MAGISTRATE), MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI.

2/3

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.L.PRABHU, Advocate ( SR-2437[I] dated 16/02/2023 )

ORDER

IN in Crl.O.P.(MD)No.2802 of 2023 Date :16/02/2023 RK(VA)/VS/SAR-2(06/03/2023) 3P/6C 3/3