Chokkar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).Nos.8216 of 2022 and 8217 of 2022 Chokkar ... Petitioner/Accused No.2 Vs.

1.The State:

Rep.by Inspector of Police, Gudalur South Police Station, Theni District, (Crime No.718/2020) ... 1st Respondent/Complainant 2.Selvendiran, ... 2nd Respondent/Defacto Complainant.

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to pass an order to call for the entire records relating to P.R.C.No.3 of 2022 on the file of the learned Judicial Magistrate, Uthamapalayam, Theni District and Quash the same against the Petitioner.

For Petitioner : Mr.S.Muniyandi For Respondents : Mr.S.ManiKandan for R1 Government Advocate (Crl. Side) 1/4

ORDER

This criminal original petition has been filed to call for the entire records relating to P.R.C.No.3 of 2022 on the file of the learned Judicial Magistrate, Uthamapalayam, Theni District and Quash the same against the Petitioner.

2.The learned counsel for the petitioner would submit that though the petitioner sought to quash the proceedings pending against him, now he would restricted his prayer and also submitted that the petitioner 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, Uthamapalayam, within a 2/4

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.

4.Considering the oldness of the crime, there shall be a direction to the trial Court to complete the committal process in the above said case in P.R.C.No.3 of 2022, within a period of three months from the date of receipt of a copy of this order.

12.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judicial Magistrate, Uthamapalayam, Theni District. 2.The Inspector of Police, Gudalur South Police Station, Theni District.

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

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G.ILANGOVAN ,J.

TM 12.06.2023 4/4