Madras High CourtCRL OP(MD)/12474/2016withdrawn dismissed

Rajaponnu v. The Inspector Of Police

2020-02-26Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.12474 OF 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.12474 of 2016 and CRL.M.P.(MD)Nos.5888 & 5889 of 2016

1. Rajaponnu

2. Sivaprakasam

3. Sundararajan

4. Rajendran ... Petitioners/Accused Nos.1 to 4 Vs.

1. The State rep. by, The Inspector of Police, District Crime Branch, Virudhunagar District.

(Crime No.28 of 2014) ... 1st Respondent/Complainant

2. M.Vellaiyan ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to C.C.No.167 of 2016 on the file of the Judicial Magistrate No.II, Virudhunagar and quash the impugned charge sheet dated 19.06.2015 as illegal and improper. For Petitioners : Mr.V.Kathirvelu, Senior Counsel, for Mr.A.Saravanan.

For R-1 : Mr.A.Robinson, Government Advocate(Crl. Side).

For R-2 : Mr.R.Gandhi * * *

O R D E R

The learned senior counsel appearing for the petitioners seeks leave to withdraw this criminal original petition and he has also made an endorsement to that effect.

2. In view of the same, the criminal original petition stands dismissed as withdrawn.

3. It is seen that the petitioners are aged people. Therefore, the personal appearance of the petitioners before the Court below is dispensed with.

4. The learned trial Magistrate shall insist on the personal appearance of the petitioners only when it is absolutely necessary and imperative. The petitioners shall be called upon to appear in https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO.12474 OF 2016 person before the trial Court at the time of answering the charges and at the time of examination under Section 313 of Cr.P.C., and at the time of pronouncement of Judgment. On all other occasions, the petitioners can be represented through their counsel.

5. It is made clear that this Court has not gone into the merits of the matter. Consequently, connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Judicial Magistrate No.II, Virudhunagar.

2. The Inspector of Police, District Crime Branch, Virudhunagar District.

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

+1 CC to M/s.A.SARAVANAN, Advocate ( SR-8822[F] dated 27/02/2020 ) Crl.O.P.(MD)No.12474 of 2016 26.02.2020 KK/09.03.2020/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4