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Madras High CourtCRL OP(MD)/15414/2020disposed of

N.Thiruppathi v. A.Mohamed Nainar

2024-08-21Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.08.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.15414 of 2020 and Crl.M.P.(MD)Nos.7495 and 7496 of 2020 N.Thiruppathi ... Petitioner Vs.

A.Mohamed Nainar ... Respondent PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for the entire records pertaining to the case in C.C.No.59 of 2023 pending on the file of the learned Judicial Magistrate, Alangulam, Tirunelveli and quash the same as against the petitioner.

For Petitioner : Mr.R.Anand For Respondent : Mr.S.M.A.Jinnah

ORDER

This Petition is filed to quash the case in C.C.No.59 of 2023 pending on the file of the learned Judicial Magistrate, Alangulam, Tirunelveli , as against the petitioner.

2. Heard the learned counsel on either side and perused the material records of the case.

3. After hearing the learned counsel for the petitioner, since the argument of the petitioner relates to factual aspect, the same cannot be gone into in this petition. The petitioner has to raise all the points during the trial. The trial Court will duly consider the same during the course of trial. There are no other points for this Court to entertain the petition.

4. Therefore, this Petition is without any merits. However, considering the fact that the petitioner is now working in Mayiladuthurai and the case is pending in Alangulam, the presence of the petitioner before the trial Court is dispensed with for all the hearings. The petitioner can be represented by a counsel on special vakalat for all the hearing, except the hearings which are insisted by the trial Court for examination.

5. With the above observations, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed.

21.08.2024 Internet : Yes NCC : Yes/No Index : Yes/No LS TO The Judicial Magistrate, Alangulam, Tirunelveli

D.BHARATHA CHAKRAVARTHY,J LS

ORDER

IN CRL OP(MD) No.15414 of 2020 Date : 21.08.2024