S.Akbar Ali v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL OP(MD) No.13074 of 2024 1 S.AKBAR ALI 2 M.RAMAKARISHNAN 3 I.JEYAPAL 4 S.SATHISH ... Petitioners / Accused No.1 to 4 Vs 1 THE INSPECTOR OF POLICE B1-TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.
(CRIME NO.18 OF 2011.) ... Respondent / Complainant 2 T.RASU ... Respondent / Defacto Complainant Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Dispense with the personal appearance of the petitioners in C.C.NO,134 of 2020 on the file of the Learned Judicial Magistrate Court -I, Ramanathapuram District in Crime no.18 of 2011 dated 19.01.2011 U/s.323,506(i) of IPC on the file of the Respondent No.1 pending disposal of the instant criminal original petition. 1/4
Prayer in CRL OP(MD). 13074/ 2024 :
To call for the records pertaining to the Impugned Charge Sheet in C.C.No.134 of 2020 on the file of the Learned Judicial Magistrate Court -I, Ramanathapuram District in Crime No.18 of 2011 dated 19.01.2011 U/s.323, 506(i) of IPC on the file of the Respondent No.1 and quash the same.
Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.PINAYGASH.I, Advocate for the petitioners and of Mr.K.SANJAI GANDHI, Government Advocate (Crl. side) on behalf of the Respondent No.1, the Court made the following order:- Considering the facts and circumstances, the personal appearance of the petitioners before the trial Court is ordered to be dispensed with, on conditions that they shall appear at the time of initial questioning, proceedings under Section 313 of Cr.P.C., and at the time of passing judgment and on all the hearings, specifically directed by the trial court.
The petitioners are further directed to give an undertaking in the form of affidavit that he will be duly represented by a counsel on all hearing dates and that the Counsel representing him will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification.
the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.
sd/- 09/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DAS To 1.The Judicial Magistrate No.I, Ramanathapuram District.
2.Do through the Chief Judicial Magistrate, Ramanathapuram District.
3.The Inspector of Police, B1 Town Police Station, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN in CRL OP(MD) No.13074 of 2024 Date :09/08/2024 3/4
ED/ JGB /SAR- (27/08/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4