Madras High CourtCRL OP(MD)/20001/2022disposed of

Muthu Ganesh Devan v. The Inspector Of Police

2023-03-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.20001 of 2022 and Crl.MP(MD) Nos.13815 and 13816 of 2022 1.Muthu Ganesh 2.Thiyagarajan ... Petitioners Vs.

1.State rep. by The Inspector of Police, Aravayal Police Station, Sivagangai District.

(Crime No.141 of 2021) 2.M.Anandha Subbu ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the case in C.C.No.155 of 2022 on the file of the Judicial Magistrate, Devakottai, Sivagangai District and quash the same as illegal in so far as the petitioner / accused No.4 concerned.

For Petitioner : Mr.N.Ananthapadamanabhan, Senior Counsel for Mr.S. Sades Kumar For R1 : Mr.S. Manikandan Government Advocate (Crl. Side) For R2 : Mr.K.Muthmalai 1/4

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the case in C.C.No.155 of 2022 on the file of the Judicial Magistrate, Devakottai, Sivagangai District and quash the same as illegal in so far as the petitioner / accused No.4 concerned.

2. Even though this Criminal Original Petition has been filed for a larger relief, today, when the matter was taken up for hearing, the learned Senior counsel appearing for the petitioner restricted his prayer to dispense with the personal appearance of the petitioners before the trial Court.

3. Considering the limited request made by the petitioners, the personal appearance of the petitioners alone is dispensed with the following conditions:

The petitioners shall appear before the Judicial Magistrate, Devakottai, Sivagangai District within a period of 15 days from the date of receipt of a copy of this order 2/4

and file an undertaking affidavit, by affixing their recent passport size photographs, to the effect that they will appear before the trial Court as and when required and must ensure their proper representation through Advocate."

4. With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed.

30.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp To 1.The Inspector of Police, Aravayal Police Station, Sivagangai District.

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

3/4

G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.20001 of 2022 and Crl.MP(MD) Nos.13815 and 13816 of 2022 Dated: 30.03.2023 4/4