Madras High CourtCRL OP(MD)/3189/2017withdrawn dismissed

A.Kannan v. The Deputy Superintendent Of

2017-03-21Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3189 of 2017 and Crl.M.P.Nos. 2421 and 2422 of 2017 1.A.Kannan 2.Jeyanthi ... Petitioners/Accused 2 & 3 -vs1.The Deputy Superintendent of Police, Dindigul Rural, Dindigul District 2.The Inspector of Police, Dindigul Taluk Police Station, in Crime no.107/2015 Dindigul District ... Respondent/Complainant 3.R.Manoharan ...3rd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records pertaining to the impugned final report in P.R.C.No.4 of 2016 on the file of Judicial Magistrate, No.I, Dindigul, Dindigul District and quash the same as illegal.

For Petitioner : Mr.A.Prasanna Rajadurai For Respondents : Mr.K.Anbarasan 1&2 Govt. Advocate (Crl.Side) *****

O R D E R

When this Court is about to dismiss the criminal original petition, the learned counsel for the petitioner seeks permission of this Court to withdraw the petition. He has also made an endorsement to that effect.

2. Accordingly, this criminal original petition is dismissed as withdrawn with liberty to the petitioners to raise all the points before the trial Court.

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3. At this juncture, the learned counsel for the

petitioners submitted that A1 is suffering from cancer and his presence before the trial Court may be dispensed with. Accepting the said submission, he shall appear before the Judicial Magistrate, No.I, Dindigul District for committal proceedings. Thereafter, after the first appearance before the concerned Sessions Court, his presence before the trial Court is dispensed with on condition that he shall appear before the Trial Court for collecting the final report and other papers under Section 207 Cr.P.C., for framing the charges, for questioning under Section 313 Cr.P.C. and on the day of judgment. On all other dates, if the 1st petitioner files an application under Section 317 Cr.P.C., undertaking that he will not dispute his identity and that his counsel will cross-examine the prosecution witnesses in his absence without adopting dilatory tactics, the Trial Court may liberally consider and entertain the same. If the 1st petitioner adopts any dilatory tactics, it is open to the Trial Court to insist upon his presence. Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To:

1.The Judicial Magistrate, No.I, Dindigul, Dindigul District 2.The Deputy Superintendent of Police, Dindigul Rural, Dindigul District 3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.Prasanna Raja Durai , Advocate in SR.No. 16677 RR AE/MR/10.04.2017/2P/6C Crl.O.P.(MD)No.3189 of 2017 and Crl.M.P.Nos.2421 and 2422 /2017 https://hcservices.ecourts.gov.in/hcservices/ 21.03.2017