Madras High CourtCRL RC(MD)/595/2017dismissed

M. Radhakrishnan v. M/S. Aradhana Investments

2017-08-22Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.R.C.(MD) No.595 of 2017 and Crl.M.P(MD)No.6642 of 2017 M.Radhakrishnan ... Petitioner Vs.

M/s.Aradhana Investments, Rep by its Partner, A.Vijayan Door No.43, 3rd floor, Padma Towers, Covai Road, Karur 2 ... Respondent Petition filed under Sections 397 read with 401 Cr.P.C, to call for the records in Crl.M.P(MD)No.7348 of 2016 in C.C.No.388 of 2016 on the file of the learned Judicial Magistrate (Fast Track) Court, Karur dated 21.02.2017 and set aside the same and all this revision.

For Petitioner : Mr.M.Suresh For Respondent : No appearance

ORDER

Challenging the order dismissing the petition filed under Section 205 Cr.P.C., seeking exemption from appearing before the trial Court, the present Criminal Revision Case has been filed. 2.Heard Mr.M.Suresh, learned counsel for the petitioner and perused the materials available on record.

3.The reason stated in the affidavit is that as the petitioner was having injury in his left leg thumb, he was undergone surgery and therefore, he was unable to walk. Hence, the petitioner filed a petition seeking exemption from appearing before the Court below. However, the trial Court dismissed the same holding that the petitioner failed to produce any medical certified to sustain his claim. The petitioner has only stated in the petition that he is having injury in his left leg thumb and undergone surgery in the year 2016, this cannot be a reason seeking exemption from appearing from the Court. Hence, I find no irregularity or infirmity in the order passed by the trial Court. 4.In the result, the Criminal Revision Case is dismissed. However, since the Calender Case is of the year 2016, the trial Court is directed to proceed with the trial and dispose of the same within a period of six months from the date of receipt of a https://hcservices.ecourts.gov.in/hcservices/

copy of this order. Consequently, Crl.M.P(MD)No.6642 of 2017 is closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate (Fast Track) Court, Karur.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.SURESH,Advocate,SR.73937 Crl.R.C.(MD) No.595 of 2017 and Crl.M.P(MD)No.6642 of 2017 22.08.2017 SMS KK/MR KKR/SAR1/07.09.2017/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/