Madras High CourtCRL OP(MD)/8293/2021disposed of

Sakthivel v. The Inspector Of Police

2021-07-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8293 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 02.07.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8293 of 2021 and Crl.MP(MD)Nos.4257 & 4259 of 2021 Sakthivel ... Petitioner/Accused No.3 Vs.

1.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

... Respondent/Complainant 2.Sankar Guru ... Respondent/Defacto Complainant Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the entire records in relating to the proceedings in C.C.No.164 of 2019 on the file of the learned Judicial Magistrate I, Virudhunagar and to quash the same in so far as the petitioner is concerned.

For Petitioner : Mr.S.Vidhya Sagar For R1 : Mr.R.M.Anbu Nithi, Additional Public Prosecutor.

ORDER

This petition has been filed to quash the proceedings in C.C.No.164 of 2019 on the file of the learned Judicial Magistrate I, Virudhunagar.

2.By the order dated 25.06.2021, it has been observed by this Court that after hearing the learned counsel for the petitioner and the learned Additional Public Prosecutor, this Court was of the view that the quashment of charge sheet was not possible.

3. But, however, a request that has been made by the learned counsel for the petitioner that this Court may pass an order of dispense with the personal appearance of the petitioner before the Trial Court as well as speedy trial, because, the petitioner completed the exams in Tamil Nadu Uniformed Services Recruitment Board and now, he is preparing for final examination and he has also produced a copy of the Hall Ticket of the petitioner.

4. Considering the request of the learned counsel for the petitioner, personal appearance of the petitioner is dispensed with before the Trial Court on the following conditions:- The petitioner is directed to appear before the Trial Court within 15 days from the date of receipt of a copy of this order and file an undertaking affidavit that he will appear before the Trial Court as and when required by affixing his photographs duly attested https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8293 of 2021 by his respective counsel in the affidavit.

5. The Trial Court is directed to consider the position of the petitioner, let the trial in C.C.No.164 of 2019, be expedited and conclude the same, within six months from the date of receipt of a copy of this order and compliance report should be submitted before the Registry of this Court.

6. With this direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.VIDHYASAGAR, Advocate ( SR-21169[F] dated 05/07/2021 ) Crl.O.P.(MD)No.8293 of 2021 and Crl.MP(MD)Nos.4257 & 4259 of 2021 02.07.2021 KK(13.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2