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Madras High CourtCRL MP(MD)/15205/2022ordered

Seeni Mohammed v. The Inspector Of Police

2022-12-07Honourable Mr Justice K.Murali Shankar2 pages

CRL MP(MD) No.15205 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.15205 of 2022 in Crl.O.P.(MD)No.21582 of 2022 1 SEENI MOHAMMED 2 MOHAMMED NIZAMUDEEN 3 JAMAL MAIDEEN 4 THAJUDEEN ... PETITIONERS/ACCUSED NOS.1,3 TO 5 Vs

1. THE STATE REP. BY, THE INSPECTOR OF POLICE, THIRUVERAMBUR POLICE STATION, TRICHY DISTRICT.

(CRIME NO. 51 OF 2022).

... RESPONDENT/COMPLAINANT

2. ABDUL HAKEEM ... RESPONDENT/DEFACTO COMPLAINANT 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 S.T.C.No. 5415 of 2022 before the learned Judicial Magistrate No.VI, Tiruchirappalli.

PRAYER IN CRL MP(MD) No.15205 of 2022 :

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to call for the records of Charge Sheet in S.T.C.No. 5415 of 2022 before the learned Judicial Magistrate No.VI, Tiruchirappalli and Quash the same as illegal.

ORDER : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.SMA.JINNAH, Advocate for the petitioner and of MR.SS.MADHAVAN, Government Advocate (Crl.Side) on behalf of the 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 https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.15205 of 2022 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. 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/- 07/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.VI, TIRUCHIRAPPALLI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, THIRUVERAMBUR POLICE STATION, TRICHY DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.15205 of 2022 in Crl.O.P.(MD)No.21582 of 2022 Date :07/12/2022 das USK/SSS/SAR-IV/14.12.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2