K.Selvakumar v. The Inspector Of Police

CRL MP(MD) No.15890 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P(MD)No.15890 of 2022 in Crl.O.P.(MD)No.22484 of 2022 K.SELVAKUMAR ... PETITIONER/PETITIONER Vs 1 THE STATE REP BY, THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.153 OF 2021.

2 RAVICHANDRAN ... RESPONDENTS/RESPONDENTS 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 Petitioner in STC.No.580 of 2022 on the file of the Learned Judicial Magistrate Court, Sathankulam,Thoothukudi District.

Prayer in CRL OP(MD). 22484/ 2022 :

To call for the records pertaining to the Impugned Charge Sheet in STC.No.580 of 2022 pending on the file of the Learned Judicial Magistrate Court,Sathankulam,Thoothukudi District and to quash the same as against Petitioner.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.DAVID GANESAN J, Advocate for the petitioner and of MR.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor 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 petitioner before the trial Court is ordered to be dispensed with, on conditions that he 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. The petitioner is further directed to give an undertaking in the form of affidavit that he will be duly represented by a counsel on all hearing dates and that https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.15890 of 2022 the Counsel representing him will cross examine the prosecution witnesses on the same day he is examined in chief. The petitioner shall not dispute the identity of the witnesses. The petitioner shall appear before the Court in the event his presence is insisted by the trial judge for the purpose of identification. If the petitioner adopts any dilatorial tactics, it is open to the Trial Court to insist for his appearance and deal with the petitioner 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/- 20/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM, THOOTHUKUDI DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.DAVID GANESAN J, Advocate (SR-15388[I] dated 22/12/2022

ORDER

IN Crl.M.P(MD)No.15890 of 2022 in Crl.O.P.(MD)No.22484of 2022 Date :20/12/2022 PKP/MMS/SAR-1/27.12.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2