Madras High CourtCRL OP(MD)/22934/2014withdrawn dismissed

Samraj v. The Sub Inspector Of Police

2019-09-13Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.22934 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.22934 of 2014 and M.P.(MD)Nos.1 and 2 of 2014 Samraj ... Petitioner Vs 1.The Sub Inspector of Police, Thuckaly Police Station, Kanyakumari District.

2.Pon Gigin ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in STC No.166 of 2013 on the file of the Judicial Magistrate Court, Padmanabhapuram and quash the same. For Petitioners: Mr.N.S.Ramakrishna Dass For R1 : Mr.A.Robinson Government Advocate (Crl.side) For R2 : Mr.C.Nandha Gopal

ORDER

The learned counsel appearing for the petitioner seek leave to withdraw this petition and he has also made an endorsement to that effect.

2. In view of the same, this Criminal Original is dismissed as withdrawn. However, the Court below will insist on the personal appearance of the petitioner only on three occasions namely, to answer the charge, to examination under Section 313 of Cr.P.C., and at the time of pronouncing Judgment. On all other occasions, the petitioner need not to appear before the Court below. However, on those occasions, the petitioner will have to be represented by his counsel. If the petitioner's counsel is also absent, the benefit of dispensing the personal appearance of the petitioner will stand automatically vacated. It is made clear that this Court has not gone into the merits of the matter. All the defences and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.22934 of 2014 contentions of the petitioner are left open. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The Sub Inspector of Police, Thuckaly Police Station, Kanyakumari District.

2.The Judicial Magistrate Court, Padmanabhapuram.

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

+1 CC to M/s.C.NANDHA GOPAL, Advocate ( SR-87103[F] dated 17/09/2019 +1 CC to M/s.N.S.RAMAKRISHNA DASS, Advocate ( SR-86589[F] dated 13/09/2019 Crl.O.P(MD)No.22934 of 2014 and M.P.(MD)Nos.1 and 2 of 2014 13.09.2019 rmi MS/25.09.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2