Selva Jegan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).Nos.6972 and 6974 of 2023 Selva Jagan ... Petitioner Vs.

1. The State rep by The Sub - Inspector of Police, Pazhavoor Police Station, Tirunelveli District (Crime No.72 of 2022)

2. Vignesh

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the impugned charge sheet in C.C.No.762 of 2022 on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District and to Quash the same as illegal so far as the petitioner is concern. For Petitioner : Mr.G.Aravinthan For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/4

ORDER

This criminal original petition has been filed to quash the charge sheet in C.C.No.762 of 2022 on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District.

2.The learned counsel for the petitioner would submit that though the petitioner sought to quash the proceedings pending against him, now he would restrict his prayer. Also submitted that the petitioner will be satisfied if their personal appearance before the trial Court is dispensed with.

3.Therefore, without going into the merits of this case, this criminal original petition is dismissed. Consequently, connected Crl.M.P. (MD).No.6972 of 2023 is closed. However, considering the submissions made by the learned counsel for the petitioner, his personal appearance before the trial Court is dispensed with the following condition. (i)The petitioner shall appear before the learned Judicial Magistrate, Valliyoor, Tirunelveli District, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking 2/4

affidavit, by affixing his recent passport size photograph, to the effect that he will appear before the trial Court as and when required and must ensure his proper representation through Advocate. 4.Considering the same, there shall be a direction to the trial Court to complete the committal process in the above said case in C.C.No.762 of 2022, within a period of five months from the date of receipt of a copy of this order.

09.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG To 1.The learned Judicial Magistrate, Valliyoor, Tirunelveli District.

2.The Sub - Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

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

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G.ILANGOVAN ,J.

VSG 09.11.2023 4/4