Jesuthasan Rajaiah v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in Crl.O.P.(MD)No.16721 of 2024 1 JESUTHASAN RAJAIAH 2 LIVINGSTON AROCKIARAJ 3 MICHAL SAHAYA RAVI 4 LINUS WILLIUM ... Petitioners/ Petitioners Vs 1 THE STATE OF TAMILNADU REP. BY, THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT (CRIME NO. 3 OF 2014) 2 ALOCIOUS INNOCENT ... 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 C.C.No. 977 of 2023 on the file of the learned Judicial Magistrate No. I, Nagercoil pending disposal of the quash petition.

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Prayer in CRL OP(MD). 16721/ 2024 :

To call for the records relating to impugned charge sheet in C.C.No. 977 of 2023 on the file of the learned Judicial Magistrate No. I, Nagercoil and Quash the same in so far as the petitioners concern.

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. SENTHIL.M.P., Advocate for the petitioner and of M/s.K.SANJAI GANDHI, Government Advocate (Crl.Side) on behalf of the Respondents 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 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.

Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.

sd/- 15/10/2024 / TRUE COPY / / 10 /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 NO. I, NAGERCOIL

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in Crl.O.P.(MD)No.16721 of 2024 Date :15/10/2024 3/4

PSP/ MMS /SAR /18.10.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4