Madras High CourtCRL OP(MD)/16352/2022disposed of

M.Muthumani v. The Sub Inspector Of Police

2024-03-06Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.(MD)No.10876 of 2022 M.Muthumani ... Petitioner Vs.

1.State rep.by The Sub Inspector of Police, Puliangudi Police Station, Tenkasi District.

(Crime No.121 of 2022) 2.Madathi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the impugned FIR in Cr.No.121 of 2022 dated 12.03.2022 on the file of the first respondent and quash the same as illegal. For Petitioner : Mr.B.Saravanan For R1 : Mr.B.Nambiselvan, Additional Public Prosecutor For R2 : Mr.M.Jothi Basu 1/4

ORDER

This Criminal Original Petition has been filed to quash the impugned FIR in Cr.No.121 of 2022 dated 12.03.2022 on the file of the first respondent Police.

2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the first respondent Police submitted that in the absence of any interim order, the first respondent Police conducted investigation and filed charge sheet before the learned Judicial Magistrate, Sivagiri in S.C.No.65 of 2022. 3.In view of the above, no further order is required in this petition. However, the petitioner is at liberty to workout his remedy in the manner known to law.

4.At this juncture, the learned counsel appearing for the petitioner submitted that this Court may consider dispensing with the personal 2/4

appearance of the petitioner before the court below. Taking into consideration the request as made by the learned counsel for the petitioner, the appearance of the petitioner before the trial court is dispensed with except for his appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing 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 petitioner is necessary, the trial court, at its wisdom, shall direct his appearance on those days.

5.In the result, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed. 06.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns 3/4

M.DHANDAPANI ,J.

gns To 1.The Judicial Magistrate, Sivagiri 2.The Sub Inspector of Police, Puliangudi Police Station, Tenkasi District.

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

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