Mustafa Kani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2020 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.16093 of 2016 and Crl MP(MD)Nos.7799 and 7800 of 2016 1.Mustafa Kani 2.Suresh @ Ilamvaluthy 3.Ilanchelian 4.Srikanth @ Jayakanthan 5.Asaithampy 6.Ayyathurai ... Petitioners / Accused 1 to 6 Vs.
1.The Inspector of Police, Uthamapalayam Police Station, Theni District.
... 1st Respondent / Complainant 2.Suresh ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings pending in C.C.No.159 of 2016 on the file of the learned Judicial Magistrate, Uthampalayam.
For Petitioners : Mr.R.Murali For R1 : Mr.A.Robinson, Government Advocate (Crl.Side) For R2 : Mr.R.Sundar
ORDER
The petitioners are figuring as accused in C.C No.159 of 2016 on the file of the learned Judicial Magistrate, Uthamapalayam for the offences under Sections 147, 447, 427, 294(b), 323 IPC and Section 4 of TNPWH Act.
2.The learned Government Advocate (crl.side) appearing for the first respondent states that the trial in this case has already commenced.
3.I am of the view that once the trial has commenced, the Criminal Original Petition has to necessarily suffer a dismissal. However, considering the facts and circumstances of the case, the personal appearance of the petitioners is dispensed with before the court below. Of course, they have to be represented by their counsel. The learned Trial Judge shall not insist the petitioners' personal appearance unless it is necessary and warranted. Leaving open all the contentions and defences, this https://hcservices.ecourts.gov.in/hcservices/
criminal original petition stands dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Judicial Magistrate, Uthamapalayam.
2.The Inspector of Police, Uthamapalayam Police Station, Theni District.
+1 CC to M/s.M.SURESH KUMAR, Advocate ( SR-7508[F] dated 21/02/2020 ) Crl.OP(MD)No.16093 of 2016 20.02.2020 SPU (10.06.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/