Jeyaprakash v. The Inspector Of Police
CRL OP(MD)Nos.20848 and 20860 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.20848 & 20860 of 2021 and Crl.M.P.(MD)Nos.11952, 11954, 11957& 11958 of 2021 Jeyaprakash ... Petitioner in both Crl.O.Ps/ Sole Accused vs.
1.State represented by The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.
(Crime Nos.111 &112 of 2016) ... 1st Respondent/Complainant
2. Chandran, Assistant Engineer, TANGEDCO, Thiruchendur, Thoothukudi District.
... 2nd Respondent/ Defacto Complainant in both Crl.O.Ps.
COMMON PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to Spl.C.C.Nos.5 & 4 of 2021, respectively on the file of the learned Principal District and Sessions Court, Thoothukudi and quash the same as illegal. For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor (in both Crl.O.Ps) COMMON ORDER Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
2. These Criminal Original Petitions have been filed to quash the impugned proceedings.
3. This case arises under the Electricity Act. The prosecution alleges that there was theft of electricity by the petitioner.
4. The petitioner's counsel reiterated all the contentions set out in the memorandum of grounds.
5. Though they are quite persuasive, in view of the contentious nature of the facts involved, I am not in a position to consider the same. Leaving open the petitioner's defences and contentions, these Criminal Original Petitions are dismissed. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD)Nos.20848 and 20860 of 2021
6. However, taking note of the overall facts and circumstances, the personal appearance of the petitioner before the court below is dispensed with. The learned trial Magistrate shall insist on the personal appearance of the petitioner only when it is absolutely necessary and imperative. The petitioner shall be called upon to appear in person before the trial Court at the time of answering the charges and at the time of examination under Section 313 of Cr.P.C., and at the time of pronouncement of Judgment. On all other occasions, the petitioner can be represented through their counsel. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) rim Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Principal District and Sessions Judge, Thoothukudi.
2.The Principal District Munsif Cum Judicial Magistrate, Tiruchendur.
3.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P.T.RAMESH RAJA, Advocate (SR-1072[F] dated 10/01/2022) Crl.O.P.(MD)Nos.20848 & 20860 of 2021 and Crl.M.P.(MD)Nos.11952, 11954, 11957& 11958 07.01.2022 kk(CO) GC(24.01.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2