Balaji, v. Thangatchan

Crl OP(MD)No.13842 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.13842 of 2015 and MP(MD)No.1 of 2015 Balaji ... Petitioner / Accused Vs.

Thangatchan ... Respondent /complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records of the private complaint vide C.C No.118 of 2015 on the file of the learned Judicial Magistrate, Boothapandi, Kanyakumari District and quash the same.

For Petitioner : Mr.S.Palanivelayutham For Respondent : Mr.S.Suresh Kumar

ORDER

The petitioner is facing trial in C.C No.118 of 2015 on the file of the learned Judicial Magistrate, Boothapandi, Kanyakumari District. To quash the same, this criminal original petition has been filed.

2.The contention urged by the petitioner's counsel are rather factual in nature and they will have to be necessarily established only in a regular trial before the trial court. Therefore, I am not inclined to go into the merits of the matter. This original petition stands dismissed. However, considering the fact that the petitioner is a police officer, his personal appearance before the court below stands dispensed with. The learned trial https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl OP(MD)No.13842 of 2015 Judge shall not insist on the personal appearance of the petitioner unless it is necessary or imperative. On all other occasions, the petitioner can be represented by his counsel. Connected miscellaneous petition stands closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Skm To The Judicial Magistrate, Boothapandi, Kanyakumari District. Crl OP(MD)No.13842 of 2015 and MP(MD)No.1 of 2015 20.11.2019 KM/(20.02.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2