M.Sathya v. Karthik And Associates

CRL MP(MD) No.2796 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.2796 of 2023 in CRL OP(MD)No.3045 of 2023 M.SATHYA ... PETITIONER/PETITIONER/ACCUSED Vs KARTHIK AND ASSOCIATES REPRESENTED BY ITS PROPRIETOR, N.KARTHIKEYAN ... RESPONDENT/RESPONDENT/DEFACTO COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to dispense with the personal appearance of the petitioner in STC no.225/2022 on the file of the Fast Track Judge at Magisterial Level, Thanjavur.

Prayer in CRL OP(MD)No. 3045/ 2023 :

To call for the records and quash the complaint in STC No.225/2022 on the file of the Fast Track Judge at Magisterial Level, Thanjavur.

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.SHANGAR MURALI, Advocate for the petitioner, 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 ordered to be dispensed with, on conditions that she 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 the hearings, specifically directed by the trial court. The petitioner is further directed to give an undertaking in the form of affidavit that she will be duly represented by a counsel on all hearing dates and that the Counsel representing her will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioner shall not dispute the identity of the witnesses. The petitioner shall appear before the Court in the event her presence is insisted https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.2796 of 2023 by the trial judge for the purpose of identification. If the petitioner adopts any dilatorial tactics, it is open to the Trial Court to insist for her 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/- 28/02/2023 / TRUE COPY / /03 /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1 THE FAST TRACK JUDGE, (MAGISTRIAL LEVEL)THANJAVUR.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.

ORDER

IN CRL MP(MD) No.2796 of 2023 in CRL OP(MD)No.3045 of 2023 Date :28/02/2023 PKP/BUC/SAR-2/13.03.2023/ 2P/3C https://www.mhc.tn.gov.in/judis 2/2