Madras High CourtCRL OP(MD)/13540/2021disposed of

Alagarsamy v. The Sub Inspector Of Police

2021-09-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.13540 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.13540 of 2021 and Crl.M.P.(MD) Nos.7037 and 7038 of 2021 1.Alagarsamy 2.Saravanan ... Petitioners/Accused No 1 & 3 Vs.

1.The State of Tamil Nadu represented by its Sub Inspector of Police, Chinnalapatti Police Station, Dindigul District.

Crime No.261 of 2015 ...1st Respondent/Complainant 2.S.Rani ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings in P.R.C.No.15 of 2019 on the file of the District Munsif cum Judicial Magistrate, Athoor and quash the same.

For Petitioners : Mr.C.M.Ganesan For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition is filed seeking quashment of P.R.C.No.15 of 2019 pending on the file of the District Munsif cum Judicial Magistrate, Athoor 2.When the matter is taken up for hearing, the learned counsel appearing for the petitioners has restricted his relief only with regard to dispensing the personal appearance of the petitioners before the committal Court.

3.Insofar as the 1st petitioner is concerned, it is admitted by the learned Government Advocate (Crl.side) that he is working as https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13540 of 2021 Head Constable at Dindigul. So, his personal appearance is dispensed with with the following condition:- The 1st petitioner shall appear before the concerned Court within a period of 15 days from the date of receipt of a copy of this order, file an undertaking affidavit that he will appear before the concerned Court as and when required by affixing attested photograph.

4.Insofar as the 2nd petitioner is concerned, he must appear before the concerned Court regularly, since no special ground has been made out in favour of him.

5.This petition is disposed of, with the aforesaid directions. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 District Munsif cum Judicial Magistrate, Athoor,Dindigul District.

2.The Sub Inspector of Police, Chinnalapatti Police Station, Dindigul District.

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

Crl.O.P.(MD) No.13540 of 2021 15.09.2021 RK (27.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2