Madras High CourtCRL OP(MD)/6724/2023disposed of

Ganapathi Ambalam v. The Inspector Of Police

2023-04-12Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).Nos.5848 & 5851 of 2023 1.Ganapathi Ambalam 2.Ramu @ Sathappan 3.Thiruvali @ Periyakaruppan 4.Murugan 5.Senthil 6.Manimuthu ... Petitioners/Accused Nos.1 to 6 Vs 1.The Inspector of Police, K.Pudupatti Police Station, Pudukottai District.

(Crime No.78/2008) .. Respondent No.1/Complainant 2.V.R.Annadurai .. Respondent No.2/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the Charge Sheet in S.C.No. 67/2022 pending before the Learned Principal District and Sessions Judge, Pudukottai in Crime No.78/2008, dated 11.06.2008, on the file of the Respondent No.1 and Quash the same.

For petitioners : Mr.T.Aswin Rajasimman for M/s.Lajapathi Roy and Associates For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor 1/4

O R D E R This criminal original petition has been filed seeking to quash the proceedings in Charge Sheet in S.C.No.67/2022 pending before the Learned Principal District and Sessions Judge, Pudukottai. 2.The petitioners are facing charges before the trial Court in S.C.No.67 of 2022 in Crime No.78 of 2008, on the file of respondent police for the offence punishable under Sections 147, 148, 336, 332, 292(A) r/w 149 of IPC and Section 3 of TNPPDL Act. The grievance of the petitioner is that though the crime is of the year 2008, it has not been completed so far. Due to previous motive, the case was falsely foisted against the petitioners by stating false allegations. 3.Considering the serious allegations levelled against the petitioners, this Court is not inclined to entertain this petition. 4.

After hearing, the learned counsel for the petitioners restricted his prayer and submitted that the personal appearance of the petitioners before the trial Court may be dispensed with. Considering the age of the petitioners 2, 3 & 6, their personal appearance before the trial Court is dispensed with the following condition.

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(i)The petitioners 2, 3 & 6 shall appear before the learned Principal District and Sessions Judge, Pudukottai, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing their recent passport size photograph, to the effect that they will appear before the trial Court as and when required and must ensure their proper representation through Advocate.

5.With the above said direction, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are closed. 12.04.2023 Index : Yes/No Internet : Yes/No TM To 1.The Principal District and Sessions Judge, Pudukottai. 2.The Inspector of Police, K.Pudupatti Police Station, Pudukottai District.

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

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G.ILANGOVAN. J.

TM 12.04.2023 4/4