Singara Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL OP(MD) No.14935 of 2024 1 SINGARA GANESAN 2 SANMUGANATHAN 3 AZHAGU 4 NAGARAJAN 5 KUMARAPPAN 6 MUTHALIYAPPAN 7 SOKKALINGAM 8 SETHURAMAN 9 RAMACHANDRAN S/o.KARUPPAIYA 10 RAMACHANDRAN S/o.SUBRAMANIYAN ... PETITIONERS / PETITIONERS Vs 1/4

1 THE INSPECTOR OF POLICE, NAMANASAMUDRAM POLICE STATION, PUDUKKOTTAI DISTRICT.

(CRIME NO.79/2023) ... 1st RESPONDENT/COMPLAINANT 2 SIVASAKATHI VILLAGE ADMINISTRATIVE OFFICER, KOTTUR CIRCLE, THIRUMAYAM TALUK, PUDUKKOTTAI DISTRICT.

... 2nd RESPONDENT/ DEFACTO 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 before the Learned Judicial Magistrate, Thirumayam in STC No.133/2024, pending disposal of the above Crl.OP before this Honble High Court.

Prayer in Crl.OP(MD).14935/2024:

Pleased to call for the records relating to the proceedings in STC No.133/2024 on the file of the learned Judicial Magistrate, Thirumayam and quash the same as against the petitioner.

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.MAHENDRA PATHY, Advocate for the petitioner and of Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor on behalf of the 1st Respondent, the court made the following order:- Considering the facts and circumstances of the case, the personal appearance of the petitioners before the trial Court is ordered to be dispensed with, on conditions that they 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 the hearings, specifically 2/4

directed by the trial court. The petitioners are further directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing dates and that the Counsel representing them will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification. If the petitioners adopt any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.

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

DAS TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

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3 THE INSPECTOR OF POLICE, NAMANASAMUDRAM POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN in CRL OP(MD) No.14935 of 2024 Date :09/09/2024 SA/SG/SAR. /19.09.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4