Madras High CourtCRL OP(MD)/15044/2016withdrawn dismissed

V.Dhayalamani v. The Inspector Of Police

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

1 CRL.O.P.(MD)NO. 15044 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.15044 of 2016 and CRL.M.P.(MD)Nos.7065 & 7066 of 2016 V.Dhayalamani, Advocate.

... Petitioner/Accused No.5 Vs.

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

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

2. M.Vellaiyan ... Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the impugned charge sheet in C.C.No.167 of 2016 dated 19.06.2015 on the file of the learned Judicial Magistrate No.II, Virudhunagar and quash the same in so far as the petitioner herein/A5 is concerned. For Petitioner : 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 petitioner 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 In view of the same, the criminal original petition stands dismissed as withdrawn.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 petitioner is an aged person. Therefore, the personal appearance of the petitioner before the Court below is dispensed with.

4. The learned trial Magistrate shall insist on the personal appearance of the petitioner only when it is absolutely necessary and imperative. The petitioner shall be called upon to appear in person before the trial Court at the time of answering the charges https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO. 15044 OF 2016 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 petitioner can be represented through his 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-8823[F] dated 27/02/2020 ) Crl.O.P.(MD)No.15044 of 2016 26.02.2020 pmu KK/09.03.2020/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4