Gurush Alexander v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD)Nos.13528 and 13530 of 2023 1.Gurush Alexander 2.Aaron ... Petitioners Vs.

1.The Inspector of Police, District Crime Branch, Thoothukudi District.

2.Kalayanikumar ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to charge sheet in C.C.No.964 of 2023 on the file of the learned Judicial Magistrate No.I, Tirunelveli and quash the same.

For petitioner : Mr.J.David Ganesan For 1stRespondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) 1/4

O R D E R This criminal original petition has been filed to quash the charge sheet in C.C.No.964 of 2023 on the file of the learned Judicial Magistrate No.I, Tirunelveli.

2.The learned counsel for the petitioners would submit that though the petitioners sought to quash the proceedings pending against them, now he would restrict his prayer. Also submitted that the petitioners will be satisfied if their personal appearance before the trial Court is dispensed with.

3.Therefore, without going into the merits of this case, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. However, considering the submissions made by the learned counsel for the petitioners, their personal appearance before the trial Court is dispensed with the following condition. (i)The petitioners shall appear before the learned Judicial Magistrate No.I, Tirunelveli, 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 2/4

that they will appear before the trial Court as and when required and must ensure their proper representation through Advocate.

4.Considering the same, there shall be a direction to the trial Court to complete the committal process in the above said case in C.C.No.964 of 2023, within a period of three months from the date of receipt of a copy of this order.

13.10.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No vsg To 1.The learned Judicial Magistrate No.I, Tirunelveli.

2.The Inspector of Police, District Crime Branch, Thoothukudi District.

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

3/4

G.ILANGOVAN. J.

vsg 13.10.2023 4/4