Madras High CourtCRL OP(MD)/7250/2016withdrawn dismissed

N.Mohammed Mydeen v. The Food Safety Officer

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

1 CRL.O.P.(MD)NO.7250 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. 7250 of 2016 and CRL.M.P.(MD)Nos.3672 & 3673 of 2016 N.Mohammed Mydeen ... Petitioner/Accused No.2 Vs.

State rep. by, Food Safety Officer, Ambasamuthiram Division, Government Hospital Road, Ambasamuthiram, Tirunelveli District.

... Respondent/Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.264 of 2014 on the file of the learned Judicial Magistrate, Ambasamuthiram, Tirunelveli District and quash the proceedings as against the petitioner. For Petitioner : Mr.A.Thiruvadi Kumar For Respondent : Mr.A.Robinson, Government Advocate(Crl. Side).

O R D E R

The learned 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 In view of the same, the criminal original petition stands dismissed as withdrawn. However, taking note of the fact that the petitioner is aged about 75 years, the personal appearance of the petitioner before the Court below is dispensed with.

3. 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 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 https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO.7250 OF 2016 petitioner can be represented through his counsel. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Judicial Magistrate, Ambasamuthiram, Tirunelveli District.

2. The Food Safety Officer, Ambasamuthiram Division, Government Hospital Road, Ambasamuthiram, Tirunelveli District.

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

+1 CC to M/s.A.THIRUVADIKUMAR, Advocate ( SR-8703[F] dated 27/02/2020 ) Crl.O.P.(MD)No.7250 of 2016 26.02.2020 AP(05/06/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4