Madras High CourtCRL OP(MD)/9421/2017dismissed as infructuous

R. Arumugam v. The Inspector Of Police

2020-03-18Honourable Mr Justice C. Saravanan2 pages

Crl.O.P.(MD).No.9421 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE C.SARAVANAN Crl.O.P.(MD).No.9421 of 2017 Crl.M.P.(MD).Nos.6415 & 6416 of 2017 R.Arumugam .. Petitioner/Accused No.1 Vs.

1.State rep. by The Inspector of Police, Avudayarkovil Circle Police Station, Pudukkottai District.

(Crime No.03 of 2015) .. 1st Respondent/Complainant 2.S.Palanimuthu .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call for records in S.C.No.136 of 2017 on the file of the Additional Mahila Court, Pudukkottai and quash the same so far as it relates to the petitioner/A1 herein.

(Prayer amended as per order of this Court made in Crl.M.P.(MD). No.6965 of 2017 in Crl.O.P.(MD).No.9421 of 2017, dated 02.08.2017) For Petitioner : R.Mathialagan For Respondent : Mrs.M.Anandha Devi for R1 Government Advocate (Crl. Side) R2 - Service Awaited

O R D E R

This Criminal Original petition has been filed to quash the proceedings against the petitioner in S.C.No.136 of 2017 on the file of the Additional Mahila Court, Pudukkottai.

2.When the matter is taken up for hearing, the learned Government Advocate (criminal side) submits that in this case, trial has already been commenced and hence, nothing survives in this petition.

3.Recording the said submission, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are closed.

4.At this juncture, the learned Counsel for the petitioner submitted that the presence of the petitioner before the Trial Court may be dispensed with. Considering the said submission, the personal appearance of the petitioners before the Trial Court is dispensed with, except the dates on which, the Trial Court insists the petitioner for his appearance. On any hearing date, if the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.9421 of 2017 presence of the petitioner is required, the Trial Court may give notice to the counsel on record for the petitioner and the petitioner shall appear before the Trial Court on the said date. The Trial Court shall dispose of the proceedings within a period of nine

(9) months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TM To 1.The Additional Mahila Court, Pudukkottai.

2.The Inspector of Police, Avudayarkovil Circle Police Station, Pudukkottai District.

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

+1 CC to M/s.R.MATHIYALAGAN, Advocate ( SR-12500[F] Crl.O.P.(MD).No.9421 of 2017 18.03.2020 SMA/01/06/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2