Madras High CourtCRL OP(MD)/14380/2021withdrawn dismissed

Sunaichandran v. The Inspector Of Police

2024-06-03Honourable Mr Justice A.A.Nakkiran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P(MD).No.14380 of 2021 and Crl.M.P(MD).Nos.7552 and 7554 of 2021 1.Sunaichandran 2.Kanniappan 3.Ganeshkumar .. Petitioners / accused Nos.1 to 3 Vs.

1.The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

(Crime No.206 of 2020) Respondent / complainant 2.Elango 2nd Respondent / defacto complainant PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings in C.C.No.283 of 2020, pending on the file of the Judicial Magistrate, Rajapalayam. For Petitioner : Mr.Nireshkumar For 1st Respondent : Mr.K. Sanjaigandhi Government Advocate (Crl. side) 1/4

O R D E R

This Criminal Original petition has been filed to call for the records and quash the proceedings in C.C.No.283 of 2020, pending on the file of the Judicial Magistrate, Rajapalayam.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioners seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect. However, he seeks liberty to dispense with the personal appearance of the petitioners before the trial Court.

3. In view of the endorsement made by the learned counsel for the petitioner, this Criminal Original Petition is dismissed as withdrawn. Consequently, the connected Miscellaneous Petitions are closed.

4. Taking into consideration of the request as made by the learned counsel for the petitioners, the appearance of the petitioners before the trial court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing 2/4

of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners is necessary, the trial court, at its wisdom, shall direct those appearance on those days. 03.06.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To

1. 1.The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

2. The Judicial Magistrate, Rajapalayam.

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

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A.A.NAKKIRAN, J.

Trp Crl.O.P(MD).No.14380 of 2021 and Crl.M.P(MD).Nos.7552 and 7554 of 2021 03.06.2024 4/4