Madras High CourtCRL OP(MD)/9885/2019withdrawn dismissed

Shanmuganathan v. The Inspector Of Police,

2019-07-15Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL OP(MD).No. 9885 of 2019 and CRL.MP(MD).Nos.6252 & 6254 of 2019 Shanmuganathan

...Petitioner

Vs.

State through by 1.The Inspector of Police B3 Theppakulam Police Station (L&O) Madurai District (Crime No.2123 of 2016) 2.Idhayaraja

...Respondents

PRAYER : This Petition filed under Section 482 of Criminal Procedure Code to call for the records relating to the charge sheet in P.R.C.No.20 of 2017 on the file of the Judicial Magistrate No.I, Madurai and quash the same.

For Petitioner : Mr.C.Susi Kumar For Respondent No.I : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

2. In view of the endorsement so made, this Criminal Original Petition is dismissed as withdrawn.

3. At this juncture, the learned counsel appearing for the petitioner submitted that the petitioner is a physically challenged person and he suffered 80% disability. Due to that, he is not in a position to appear before the Trial Court regularly and hence, the personal appearance of the petitioner may be dispensed with. https://hcservices.ecourts.gov.in/hcservices/

4. This Court, normally, would not allow any application seeking for dispensing with the personal appearance. If the petitioner has any difficulty in appearing before the trial Court, it is always open to the petitioner to file an application before the Trial Court seeking for dispensing with the personal appearance. If any such application is filed, it is for the Court concerned to consider the same and pass appropriate orders on merits and in accordance with law. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Crl.side) / True Copy / Sub Assistant Registrar(CS- ) To 1.The Inspector of Police B3 Theppakulam Police Station (L&O) Madurai District.

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

CRL OP(MD).No. 9885 of 2019 and CRL.MP(MD).Nos.6252 & 6254 of 2019 15.07.2019 msa ES/25.07.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/