Madras High CourtCRL OP(MD)/11264/2022disposed of

Ramachandran v. M.Neelavanan

2023-04-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).Nos.7104 & 7105 of 2022 Ramachandran ... Petitioner Vs.

M.Neelavanan ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to withdraw the case in C.C.No. 159 of 2019 on the file of the Judicial Magistrate (Fast Track Court), Thoothukudi and transfer in to the Judicial Magistrate No.III, Villiyanur, Pondicherry. For petitioner : Mr.P.Edinbrough For Respondent : Mr.R.J.Karthick O R D E R This criminal original petition has been filed to withdraw the case in C.C.No. 159 of 2019 on the file of the Judicial Magistrate (Fast Track Court), Thoothukudi and transfer in to the Judicial Magistrate No.III, Villiyanur, Pondicherry.

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2.The learned counsel for the petitioner would submit that though the petitioner sought for transfer of the case, now he would restricted his prayer and he will be satisfied if his 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 miscellaneous petitions are 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 (Fast Track Court), Thoothukudi, 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 before the trial Court as and when required and must ensure his proper representation through Advocate. 11.04.2023 Index : Yes/No Internet : Yes/No TM 2/4

To 1.The Judicial Magistrate (Fast Track Court), Thoothukudi. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

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