Madras High CourtCRL OP(MD)/5249/2016withdrawn dismissed

Jeyapandi, v. The Sub Inspector Of Police,

2016-03-28Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5249 of 2016 and Crl.M.P.(MD).Nos.2592 and 2593 of 2016 Jeyapandi ... Petitioner Vs.

1. State represented by its Sub Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

In Crime No.155 of 2015.

2. Panchavarnakili ... Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the charge sheet in C.C.No.210 of 2015 on the file of the District Munsif cum Judicial Magistrate Court, Nanguneri dated 04.11.2015.

For Petitioner : Mr.J.C.Rathinavel Pandian For R1 : Mrs.S.Prabha Government Advocate (Crl.Side)

ORDER

The learned counsel for the petitioner seeks permission of this Court to withdraw this Criminal Original Petition and he has also made an endorsement to that effect.

2. In view of the above, this Criminal Original Petition is dismissed as withdrawn, with liberty to raise all the points before the trial Court. The trial Court is directed to expeditiously conduct the trial.

3. At this juncture, learned counsel appearing for the petitioner submits that the presence of the petitioner before the Trial Court may be dispensed with.

4. Accepting the submission, this Court directs the petitioner to appear before the Trial Court for collecting the final report and other papers under Section 207 Cr.P.C., at the time of framing charges, for questioning under Section 313 Cr.P.C. and on the day of judgment. On all other dates, if the petitioner file an application under Section 317 Cr.P.C., undertaking that he will not dispute his identity and that his counsel will cross-examine the prosecution witnesses in his absence https://hcservices.ecourts.gov.in/hcservices/

without adopting dilatory tactics, the Trial Court may liberally consider and entertain the same. If the petitioner adopt any dilatory tactics, it is open to the Trial Court to insist upon his presence. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

1. The District Munsif-cum-Judicial Magistrate, Nanguneri.

2. The Sub Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

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

+ 1 CC TO M/S.J.C.RATHNAVEL PANDIAN, ADVOCATE IN SR No. 17163 AKV TE/GSV-PM/ : 11/04/2016 : 2P/5C Crl.O.P.(MD)No.5249 of 2016 and Crl.M.P.(MD).Nos.2592 and 2593 of 2016 28.03.2016 https://hcservices.ecourts.gov.in/hcservices/