Madras High CourtCRL OP(MD)/5717/2016withdrawn dismissed

Devasahayam v. The Sub Inspector Of Police

2016-04-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5717 of 2016 and Crl.M.P.(MD)No.2836 of 2016 Devasahayam ..Petitioners/Accused No.2 Vs 1.The State of Tamilnadu, represented by The Sub Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District. .. 1st Respondent/Complainant 2.Kolappan .. 2nd Respondent/Defacto Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the charge sheet in C.C.No.11 of 2016 on the file of the Judicial Magistrate, Padmanabhapuram, Kanyakumari District and quash the same insofar as the petitioner is concerned.

For Petitioner :Mr.E.V.N.Siva For Respondents :Mrs.S.Prabha Government Advocate (Crl.Side) for R.1 ***

O R D E R

When this Court is not inclined to grant the relief as sought for by the petitioner, the learned Counsel appearing 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 In view of the above, this Criminal Original Petition is dismissed as withdrawn, with liberty to raise all the points before the trial Court.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. Consequently, the connected Miscellaneous Petitions are also dismissed.

3. At this juncture, learned counsel appearing for the petitioners submits that the presence of the petitioner before the Trial Court may be dispensed with, since he is aged about 75 years and he is physically unfit.

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4. Accepting the submission and considering the age of the petitioner, 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 files 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 their absence 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 their presence. The trial Court is directed to expeditiously conduct the trial, provided the accused cooperate in the conduct of the trial by cross-examining the prosecution witnesses as and when they are examined in chief and complete the trial within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To

1. The Sub Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.

2. The Judicial Magistrate, Padmanabhapuram, Kanyakumari District.

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

+One cc to Mr.E.V.N.Siva, Advocate, SR.No.19057 ssl RL/5C/2P/GSV/PM/13/4/2016 Crl.O.P.(MD)No.5717 of 2016 and Crl.M.P.(MD)No.2836 of 2016 04.04.2016 https://hcservices.ecourts.gov.in/hcservices/