M.Manikandan @ Maniamuthan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL OP(MD) No.15567 of 2024 1 M.MANIKANDAN @ MANIAMUTHAN 2 P.PREMKUMAR @ PREM ... Petitioners / Petitioners Vs 1 THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, SOUTH GATE POLICE STATION, MADURAI CITY.
(CRIME NO.354/2018) 2 R.VENKATACHALAM ... Respondents / Respondents 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 petitioners in the proceedings in PRC No. 341 of 2024 pending on the file of the learned Judicial Magistrate No.IV, Madurai pending disposal of the above criminal original petition. Prayer in CRL OP(MD). 15567/ 2024 :
C-51Q. To pass an order to call for the records pertaining to the impugned charge sheet in PRC No. 341 of 2024 pending on the file of the learned Judicial Magistrate No.IV, Madurai in Crime No. 354 of 2018 dt. 25.05.2018 for the alleged 1/3
offences u/s 3(1) of TNPPDL Act quash the same. 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 M/s.T.THIRUMURUGAN, Advocate for the petitioners and of Mr.K.SANJAI GANDHI, Government Advocate (Crl. side) on behalf of the Respondent Nos.1 and 2, 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 furnishing copies, at the time of committal and on the hearings, specifically 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. 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/- 19/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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DAS To 1.The Judicial Magistrate No.IV, Madurai.
2.Do through the Chief Judicial Magistrate, Madurai District.
3.The Inspector of Police, South Gate Police Station, Madurai City.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN in CRL OP(MD) No.15567 of 2024 Date :19/09/2024 ED/ VR /SAR- (01/10/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3