Madras High CourtCRL OP(MD)/5060/2023disposed of

Anandhakumar v. The Inspector Of Police

2023-03-17Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P(MD) Nos.4479 and 4480 of 2023 Anandhakumar ... Petitioner/Accused No.3 Vs.

1.The Inspector of Police Manamadurai Police Station, Sivagangai District.

2. Pandiyamamal

...Respondents/Complainants

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating with impugned charge sheet in C.C. No.1027/2022 on the file of the Judicial Magistrate, Manamadurai, Sivagangai District and quash the same as against the petitioner.

For Petitioner : Mr.G.Hariharan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.1027 of 2022 on the file of the learned Judicial Magistrate, Manamadurai, Sivagangai District. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.362 of 2021 for the offences punishable under Sections 294(b), 323 & 506(i) IPC and 4 of TNPWH Act, against the petitioner. It appears that it is a civil dispute between the parties.

3. The learned counsel for the petitioner would submit that the petitioner is a professional Engineer and now residing in Chennai. Now the grievance of the petitioner is that because of the above said criminal proceedings, the petitioner is not in a position to get passport for visiting abroad.

4. Considering the grievance of the petitioner, the personal appearance of the petitioner before the concerned trial Court is dispensed with on the following condition;

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(i)The petitioner shall appear before the learned Judicial Magistrate, Manamadurai, Sivagangai District, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing his recent passport size photograph, to the effect that he will appear before the trial Court as and when required and must ensure his proper representation through Advocate.

5. Considering the grievance of the petitioner, there shall be a direction to the learned Judicial Magistrate, Manamadurai, Sivagangai District, to complete the trial within a period of five months from the date of receipt of copy of this order. Consequently, the connected Miscellaneous Petitions are closed.

17.03.2023 NCC:Yes/No Index : Yes/No Internet:Yes/No Indu To 1The Inspector of Police Manamadurai Police Station, Sivagangai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J., Indu Crl.O.P.(MD)No. 5060 of 2023 17.03.2023 4/4