Madras High CourtCRL OP(MD)/7799/2023disposed of

A.Gopalakrishnan v. The Deputy Director

2023-04-27Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN and Crl.MP(MD)No.6767 of 2023 A.Gopalakrishnan ... Petitioner Vs The Deputy Director, Industrial Safety and Health (Inspector of Factories) Sivagangai.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the learned Chief Judicial Magistrate, Sivagangai to accept the petition for admission without the presence of the petitioner by permitting him to appear in virtual mode in CC No.16/2023 and to dispose of the same in the manner known to law.

For Petitioner : Mr. Arumugam C.M For Respondent : Mr.B.Nambiselvan Additional Government Pleader 1/4

ORDER

This Criminal Original Petition had been filed seeking for a direction against the learned Chief Judicial Magistrate, Sivagangai to accept the petition for admission without the presence of the petitioner by permitting him to appear in virtual mode in CC No.16/2023 and to dispose of the same in the manner known to law.

2.Now the grievance of the petitioner is that due to his old age and health condition, he was not able to travel from his residence to trial Court to admit his guilt in CC No.16 of 2023, which is pending before the Chief Judicial Magistrate Court, Sivagangai. Therefore, he had approached the trial Court through his counsel by way of filing petition under Section 253 of Cr.P.C, which was refused by the learned Chief Judicial Magistrate, even without receiving the same.

3.Even without receiving the petition, the learned Chief Judicial Magistrate has refused the petition is not proper. Let the above said petition be filed by the petitioner through his counsel and the learned Chief Judicial Magistrate, Sivagangai is directed to receive the same and proceed in 2/4

accordance with law, by filing the order of this Court in W.P.No.7338 of 2020, dated 19.06.2020. The petitioner is directed to present the said petition before the concerned Court, within a period of one week, from the date of receipt of a copy of this order.

4.With the above directions, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed. 27.04.2023 NCC:Yes/No Internet:Yes/No Index:Yes/No PNM Note :Issue order copy on 04.05.2023 To 1.The Deputy Director, Industrial Safety and Health (Inspector of Factories) Sivagangai.

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

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G.ILANGOVAN, J.

PNM ORDER IN 27.04.2023 4/4