Tahramar @ Dharmar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fifth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.11342 of 2024 in CRL OP(MD)No.18291 of 2024 1 THARAMAR @ DHARMAR 2 SHANMUGAM 3 SURESH 4 ESAKKIMUTHU 5 CHELLADURAI 6 KADAL KUMAR @ KADALKUMARAN 7 PRASANTH 8 ANANTH 9 MAHENDRAN 10 MAGESH 11 SURESH @ SURESH BABU 12 ARUMUGAM 1/5
13 RASU @ RAJ 14 PERIYADURAI 15 MAHARASU @ MAHARAJAN 16 MUTHUPANDI 17 SEENIVASAN 18 PAUL RAJ 19 NATARAJ 20 SHANMUGAM @ SHANMUGARAJ 21 MUTHU W/O.MAHARAJAN 22 THAAI 23 MUTHUSELVI 24 MUTHU W/O.THARMAR 25 RAKKAMMAL ... PETITIONERS/PETITIONERS Vs 1 THE STATE OF TAMILNADU REP. BY THE INSPECTOR OF POLICE, CRIME No. 275/2024 2/5
2 GANESAN THE SUB INSPECTOR OF POLICE, ... 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 STC No. 3769/2024 on the file of the Judicial Magistrate No.III, Tirunelveli pending disposal of the above Crl.O.P.
Prayer in CRL OP(MD). 18291/ 2024 :
To call for the records relating to the charge sheet in STC No. 3769/2024 on the file of the Judicial Magistrate No.III, Tirunelveli and quash the same in so far as the petitioners concerned 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 MR.J.DAVID GANESAN, Advocate for the petitioner and of Mr.K.SANJAI GANDHI, Government Advocate(Crl.side) on behalf of the 1st Respondent, 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.
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. If the petitioners adopt any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667. sd/- 25/10/2024 / TRUE COPY / /11/2024 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.III TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3 THE INSPECTOR OF POLICE, 4/5
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.11342 of 2024 in CRL OP(MD)No.18291 of 2024 Date :25/10/2024 SS/JGB/SAR- /04/11/2024/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5