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Madras High CourtCRL MP(MD)/4014/2021dismissed

Vijay S v. The Inspector Of Police

2021-08-31Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of August Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.4014 of 2021 IN CRL RC(MD) No.385 of 2021 S.VIJAY ... PETITIONER/ PETITIONER Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT, CRIME NO. 28/2018. ... RESPONDENT/RESPONDENT 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 herein before the Special Court for Exclusive Trial of cases under POCSO Act, Thoothukudi in SPl. S.C No. 11/2020 Pending disposal of the Criminal Revision Petition.

Prayer in CRL RC(MD). 385 of 2021 :

To call for the records relating to the order passed in Cr.M.P No. 159/2021 in Spl. S. C No. 11/2020 dated 16.04.2021 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi and set aside the same and allow the Criminal Revision Petition.

Order :This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.SRINIVASARAGAVAN.D, Advocate for the petitioner and of MR.RMS.SETHURAMAN, Counsel for the State Government on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition is filed to dispense with the personal appearance of the petitioner before the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, in Special S.C No.11 of 2020 pending disposal of the Criminal Revision. 2.Heard both sides and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

3.On perusal of the records, it is seen that this petition has been filed by the petitioner seeking for dispense with his personal appearance before the trial court. For that, the remedy open to the petitioner is to approach the trial court and not before this court. Hence, this petition is dismissed by giving liberty to the petitioner to approach the trial court for his remedy in the manner known to law.

Sd/- 31/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:- In view of the present lock down owning 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 responsibilty of the advocate/litigant concerned. TO

1. THE JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THOOTHUKUDI.

2. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT, 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.4014 of 2021 IN CRL RC(MD) No.385 of 2021 Date :31/08/2021 VB/JC/SAR.IV/03.09.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/