Muthuramalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL OP(MD) No.14205 of 2024 MUTHURAMALINGAM ... PETITIONER/PETITIONER /ACCUSED NO.1 Vs 1 THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH POLICE STATION, MADURAI CITY, MADURAI DISTRICT.

(CRIME NO.65/2009) ... 1ST RESPONDENT/1ST RESPONDENT /COMPLAINANT 2 M.SANTHA LAKSHMI ... 2ND RESPONDENT/2ND RESPONDENT /DE-FACTO 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 petitioner herein in connection with CC No.230/2010 on the file of the Learned Judicial Magistrate No.I, Madurai, Madurai District in connection with Crime No.65/2009 on the file of the Inspector of Police, CCB, Madurai, Madurai District, pending disposal of the above Quash Petition. 1/3

Prayer in CRL OP(MD). 14205/ 2024 :

To call for the records in relation to CC No.230/2010 on the file of the learned Judicial Magistrate No.1, Madurai, Madurai District in connection with Crime No.65/2009 on the file of the Inspector of Police, CCB, Madurai, Madurai District. 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 MR.S.PALANIVELAYUTHAM, Advocate for the petitioner and of MR.K.SANJAI GANDHI, Government Advocate (Crl.Side) on behalf of the 1st Respondent, the court made the following order:- Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the first respondent.

2. Considering the facts and circumstances, the personal appearance of the petitioner before the trial Court is ordered to be dispensed with, on conditions that he 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 petitioner is 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 petitioner shall not dispute the identity of the witnesses. The petitioner shall appear before the Court in the event his presence is insisted by the trial judge for the purpose of identification. If the petitioner adopts any dilatorial tactics, it is open to the Trial Court to insist for his appearance and deal with the petitioner in accordance with the judgment of Supreme 2/3

Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.

sd/- 29/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH POLICE STATION, MADURAI CITY, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-10646[I] dated 30/08/2024 )

ORDER

IN in CRL OP(MD) No.14205 of 2024 Date :29/08/2024 RS/JGB/SAR-(25.09.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3