Madras High CourtCRL OP(MD)/11882/2023disposed of

Ashiq Ali v. The Inspector Of Police

2023-07-03Honourable Dr Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 03.07.2023

CORAM:

The Hon`ble Dr.Justice D.NAGARJUN Crl.O.P.(MD)No.11882 of 2023 Ashiq ali ... Petitioner Vs The State represented by the Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

(In Crime No.03 of 2015) ... Respondent Prayer: Petition filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate, Uthamapalayam to examine the petitioner through video conferencing considering his immobility in a trial pending in C.C.No.358 of 2020 within the period that may be stipulated by this Court.

For Petitioner : Mr.R.Gandhi Senior counsel for M/s.Gandhi Associates For Respondent : Mr.S.S.Madhavan Government Advocate (Crl.side) 1/4

ORDER

This Criminal Original Petition is filed seeking a direction from the learned Judicial Magistrate, Uthamapalayam, to examine the petitioner as L.W.1 in C.C.No.358 of 2020, pending on the file of the Judicial Magistrate Court, Uthamapalayam, registered for the offences, cognizance of which was taken under Section 294(b), 497 and 506(i) of IPC.

2. It is submitted by the learned counsel for the petitioner that the petitioner is a physically challenged person, residing in United States of America and in order to travel from USA to India, he requires the help of two or three persons and special arrangements, in the flight have to be made. Thereby he is not in a position to appear before the Court and give evidence, which is ripe for trial.

3. Considering the circumstances explained by the petitioner the learned Judicial Magistrate, Uthamapalayam is directed to record the evidence of the petitioner / /LW1, through Video Conference by 2/4

following the procedures laid down under the Madrs High Court VideoConferencing in Courts Rules, 2020 as per Gazette No.29, dated 15.07.2020.

4. With these observation, this Criminal Original Petition stands disposed of.

03.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn To 1.The Judicial Magistrate, Uthamapalayam.

2.The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District. (In Crime No.03 of 2015) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR. D.NAGARJUN, J.

pnn

ORDER

IN Crl.O.P.(MD)No.11882 of 2023 Date: 03.07.2023 4/4