S.R. Chandrasekar v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD) No.8429 of 2019 AND CRL MP(MD) No.5281 of 2019 1 S.R.CHANDRASEKAR 2 V.ARUNACHALAM 3 A.SANTHANAM 4 S.ARUMUGAM ... PETITIONERS/ACCUSED 1 to 4 Vs 1 THE STATE OF TAMIL NADU, THE INSPECTOR OF POLICE, PETTAI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.667/2017. ... RESPONDENT/COMPLAINANT 2 SANKARALINGAM THE SPECIAL THASILDAR/MANAGER, TAMILNADU ARASU CABLE TV CORPORATION, TIRUNELVELI, TIRUNELVELI DISTRICT. ... RESPONDENT/DEFACTO COMPLAINANT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Call for the records pertaining to the Charge Sheet in No.5/2019 on the file of the Judicial Magistrate No.V, Tirunelveli and quash the same.
Prayer in CRL MP(MD).5281/2019 :
To Dispense with the personal appearance of the petitioners to the Charge Sheet in No.5/2019 on the file of the Judicial Magistrate No.V, Tirunelveli and pending disposal of the above Crl.O.P.
ORDER :This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.B.PRASANNA VINOTH Advocate for the petitioner and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) on behalf of the 1st Respondent, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Mr.K.Suyambulinga Bharathi, learned Government Advocate (Criminal side), takes notice on behalf of the first respondent.
2. The learned counsel appearing for the petitioners submitted that the appearance of the petitioners before the Trial Court may be dispensed with.
3. When the matter is pending before the Trial Court, it is not proper for this Court to pass orders dispensing with the personal appearance of the petitioners. If at all the petitioners have any real grievance, it is always open to the petitioners to file a necessary application before the learned Trial Judge. On filing such application, the learned Trial Judge is directed to consider the same and pass suitable orders on merits and in accordance with law.
4. Post the matter on 26.06.2019.
sd/- 18/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3.THE INSPECTOR OF POLICE, PETTAI POLICE STATION, TIRUNELVELI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8429 of 2019 AND CRL MP(MD) No.5281 of 2019 Date :18/06/2019 SML PK/PN/SAR-4/25.06.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/