Madras High CourtCRL OP(MD)/7167/2023dismissed

Ranjithkumar v. The Inspector Of Police

2023-04-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).Nos.6204 and 6206 of 2023 Ranjithkumar ... Petitioner/Accused No.1 Vs.

1.State represented by The Inspector of Police, Mandala Manickam Police Station, Ramanathapuram District.

(Crime No.45 of 2021) ... 1st Respondent/Complainant 2.Ponrakku ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.195/2021 on the file of the Learned Judicial Magistrate, Kamuthi, as against the petitioner and quash the same.

For Petitioner : Mr.V.S.Hariharasudhan For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor O R D E R This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.195/2021 on the file of the Learned Judicial Magistrate, Kamuthi, as against the petitioner. 1/4

2.The petitioner who is the first accused, facing charges under Sections 294(b), 324, 506(ii) of IPC r/w 4 of TNPWH Act, 2002, before the trial Court namely the Judicial Magistrate Court, Kamudhi, in C.C.No.195 of 2021 in Crime NO.45 of 2021 on the file of the first respondent police.

3.After hearing some time, the learned counsel for the petitioner would submit that it would suffice if the personal appearance of the petitioner before the trial Court is dispensed with. 4.Therefore, without going into the merits of this case, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are closed. However, considering the fact that the petitioner is a practising Advocate, his personal appearance before the trial Court is dispensed with the following condition. (i)The petitioner shall appear before the learned Judicial Magistrate, Kamudhi, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing his recent passport size photograph, to the effect that he will appear 2/4

before the trial Court as and when required and must ensure his proper representation through Advocate.

19.04.2023 Index : Yes/No Internet : Yes/No TM To 1.The Judicial Magistrate, Kamuthi.

2.The Inspector of Police, Mandala Manickam Police Station, Ramanathapuram District.

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

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G.ILANGOVAN. J.

TM 19.04.2023 4/4