Vedan v. The Sub Inspector Of Police

Crl.M.P(MD)No.2750 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P(MD)No.2750 of 2023 and Crl.O.P.(MD)No.3005 of 2023 VEDAN ... PETITIONER/PETITIONER Vs 1 THE SUB INSPECTOR OF POLICE KARIAPATTI POLICE STATION, VIRUDHUNAGAR DSITRICT (CRIME NO.13 OF 2017) 2 ASHOK KUMAR VILLAGE ADMINISTRATIVE OFFICER, THOPPUR VILLAGE, KARIAPATTI TALUK, VIRUDHUNAGAR DISTRICT ... 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 personal appearance of the petitioner/accused no.1 before the Judicial Magistrate Court No.II, Virudhunagar in PRC No.90 of 2022 pending disposal of the criminal original petition Prayer in CRL OP(MD). 3005/ 2023 :

To call for the records in the case in PRC No.90 of 2022 on the file of the Judicial Magistrate Court No.II, Virudhunagar and quash the same as illegal, violation of law as against the petitioner/accused No.1 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.JOTHI BASU.M, Advocate for the petitioner and of M/S.R.SIVAKUMAR, Government Advocate(Crl.side) on behalf of the Respondent No.1, while admitting the CRL OP., the court made the following order:- Considering the facts and circumstances of the case, the personal appearance of the petitioner before the trial Court is https://www.mhc.tn.gov.in/judis 1/2

Crl.M.P(MD)No.2750 of 2023 ordered to be dispensed with, on conditions that he shall appear at the time of furnishing copies, at the time of committal and on the hearings, specifically directed by the trial court. The petitioner is further directed to give an undertaking in the form of affidavit that he will be duly represented by a counsel on all hearing dates. If the petitioner adopts any dilatorial tactics, it is open to the Trial Court to insist for his appearance and deal with the petitioner 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/- 27/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.THE JUDICIAL MAGISTRATE COURT NO.II, VIRUDHUNAGAR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3 THE SUB INSPECTOR OF POLICE KARIAPATTI POLICE STATION, VIRUDHUNAGAR DSITRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-2973[I] dated 28/02/2023 )

ORDER

IN Crl.M.P(MD)No.2750 of 2023 and Crl.O.P.(MD)No.3005 of 2023 Date :27/02/2023 RK/BUC/SAR-1(03/03/2023) 2P/6C https://www.mhc.tn.gov.in/judis 2/2