Madras High CourtCRL OP(MD)/13341/2021withdrawn dismissed

Deva Asir v. Sudharamasamy

2021-11-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)Nos.13341 & 13347 of 2021 and Crl MP(MD)Nos.6900, 6903, 6905 & 6906 of 2021 Deva Asir ... Petitioner/ Accused in both petitions vs.

Sudharamasamy ... Respondent/ Complainant in both cases Common PRAYER : Criminal Original Petitions filed under Section 482 of Cr.Pc to call for the records in STC No.969 of 2019 & C.C No.492 of 2018 on the file of the Judicial Magistrate, Bodinayakkanur,Theni District and quash the same.

For Petitioner : Mr.C.D.Johnson in both petitions For Respondents : Mr.T.Senthilkumar, in both petitions Additional Public Prosecutor

ORDER

Both the criminal original petitions are dismissed as withdrawn. All the contentions of the petitioner are left open and the petitioner can very well move the jurisdictional civil court. 2.The personal appearance of the petitioner is dispensed with before the trial court. The trial judge shall not insist on the personal appearance of the petitioner unless it is necessary or imperative. Of course, the petitioner has to appear on those occasions, namely, to answer the charges, examination under Section 313 of Cr.Pc and on the day of pronouncement of judgment. On all other occasions, he will be represented by his counsel. It is made clear that if his counsel also fails to appear, the benefit of this order will go automatically. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/3

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate, Bodinayakkanur, Theni District.

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

Crl OP(MD)Nos.13341 & 13347 of 2021 25.11.2021 MGJ(06.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/3