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Madras High CourtCRL OP(MD)/6442/2019disposed of

M.Sarathkumar v. D.Chandrasekaran,

2022-03-07Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6442 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6442 of 2019 and Crl.M.P(MD) No.4289 of 2019 M.Sarathkumar ... Petitioner/Accused Vs.

D.Chandrasekaran ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the proceedings in C.C.No.131 of 2017 on the file of the Judicial Magistrate Court, Aruppukottai.

For Petitioner : Mr.B.Senthilkumar For Respondent : Mr.R.Shankar Ganesh

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.131 of 2017 on the file of the Judicial Magistrate Court, Aruppukottai.

2.When the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that he restricts his prayer only with regard to dispense the personal appearance of the petitioner to appear before the trial Court and directed the learned Judicial Magistrate, Aruppukkottai to expedite the trial and to complete the same within a time to be stipulated by this Court. 3.In view of the above, the learned Judicial Magistrate, Aruppukkottai, is directed to expedite the trial and to complete the same in C.C.No.131 of 2017 within a period of three months from the date of receipt of a copy of this order.

4.The personal appearance of the petitioner is dispensed with before the trial Court with the following conditions:- (i) the petitioner shall appear before the trial Court, within 15 days from the date of receipt of a copy of this order and he shall file an undertaking affidavit that he will appear before the concerned Court as and when https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6442 of 2019 required, the attested photograph must be attached in the affidavit and he must ensure that he is properly represented by an Advocate.

5.With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 Judicial Magistrate, Aruppukkottai.

2.The Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-10653[F] dated 08/03/2022 ) Crl.O.P.(MD)No.6442 of 2019 and Crl.M.P(MD) No.4289 of 2019 07.03.2022 RS(21.03.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2