Madras High CourtCRL OP(MD)/16530/2023disposed of

Kani @ Nagoorkani v. The Inspector Of Police

2023-10-06Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD) Nos.13148 and 13150 of 2023 Kani @ Nagoorkani ... Petitioner / Accused No.1 Vs.

1.The State Rep by., The Inspector of Police, Peravurani Police Station, Thanjavur District.

(In Crime No.107 of 2008) ...1st Respondent / Complainant 2.Balu @ Balasubramanian ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to C.C. No.94 of 2022 on the file of the District Munsif Cum Judicial Magistrate Court, Peravurani, Thanjavur District and Quash the same. For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to C.C. No.94 of 2022 on the file of the District Munsif Cum Judicial Magistrate Court, Peravurani, Thanjavur District and Quash the same.

2. The learned counsel for the petitioner would submit that he will be satisfied if the personal appearance of the petitioner is dispensed.

3. Considering the submissions made by the learned counsel for the petitioner, personal appearance of the petitioner before the concerned trial Court is dispensed with on the following conditions; (i)The petitioner shall appear before the District Munsif Cum Judicial Magistrate Court, Peravurani, Thanjavur District, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing his recent passport size photograph, to the effect that he will appear before the trial Court as and when required and must ensure his proper representation through Advocate. 2/4

4. There shall be direction to the concerned trial Court to complete the above said trial process within a period of three months from the date of receipt of copy of this order.

5. With the above said directions, this Criminal Original Petition is disposed of. Consequently, the Crl.M.P(MD) No.13150 of 2023 is allowed and Crl.M.P(MD) No.13148 of 2023 is closed. 06.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu TO 1.The State Rep by., The Inspector of Police, Peravurani Police Station, Thanjavur District.

(In Crime No.107 of 2008) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

Indu Order made in Dated: 06.10.2023 4/4