Madras High CourtCRL OP(MD)/7276/2016withdrawn dismissed

Arulanatham v. The Inspector Of Police

2019-11-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.7276 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7276 of 2016 and Crl.M.P.(MD)Nos.3685 and 3686 of 2016 Arulanatham ... Petitioner/Accused No.1 Vs 1.State Rep. by The Inspector of Police, West Police Station, Thanjavur District. ... Respondent/Complainant (Crime No.93 of 2015) 2.Jeyakumar ... Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to quash the charge sheet in C.C.No.292 of 2015, on the file of the Judicial Magistrate No.I, Thanjavur in Crime No.93 of 2015, on the file of the respondent as against the petitioner. For Petitioner : Mr.A.Arun Prasad For Respondents : Mr.A.Robinson Govt. Advocate (Crl. Side) for R1

O R D E R

The petitioner is shown as A1 in C.C.No.292 of 2015, on the file of the learned Judicial Magistrate No.I, Thanjavur for the offences under Sections 409 and 420 of I.P.C. To quash the same, this criminal original petition has been filed. 2.The learned counsel appearing for the petitioner states that he would withdraw this criminal original petition and establish his innocence before the Court below.

3.Permission is granted. The criminal original petition is dismissed as withdrawn. Consequently, connected miscellaneous petitions are closed. However, taking note of the facts and circumstances, the personal appearance of the petitioner is dispensed with. The Court below will insist on the personal appearance of the petitioner only on three occasions namely, to answer the charge for examination under Section 313 of Cr.P.C., and at the time of pronouncing Judgment. On all other occasions, the petitioner need not appear before the Court below. However, on those occasions, the petitioner will have to be represented by https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7276 of 2016 counsel. If the petitioner's counsel is also absent, the benefit of dispensing the personal appearance of the petitioner will stand automatically vacated.

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

1.The Judicial Magistrate No.I, Thanjavur.

2.The Inspector of Police, West Police Station, Thanjavur District.

3. The Government Advocate,(CRL Side) Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD)No.7276 of 2016 15.11.2019 VB(05.03.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2