Pertin Rayan v. The Inspector Of Police
Crl.M.P(MD)No.15850 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.15850 of 2022 in Crl.O.P.(MD)No.22450 of 2022 PERTIN RAYAN ... PETITIONER/PETITIONER Vs 1 THE STATE REP.BY, THE INSPECTOR OF POLICE TIRUNELVELI JUNCTION POLICE STATIOIN, TIRUNELVELI CITY (CRIME NO.323 OF 2022) 2.L.VENKATRAMAN ASSISTANT COMMISSIONER, THACHANALLUR WARD OFFICE, TIRUNELVELI CORPORATION, TIRUNELVELI DISTRICT ... 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 on future hearing dates in C.C.No.2741 of 2022 on the file of the learned Judicial Magistrate No.IV, Tirunelveli, Tirunelveli District pending disposal of the main criminal original petition. Prayer in CRL OP(MD). 22450/ 2022 :
To call for the records and quash the proceedings in CC.No.2741 of 2022 on the file of the learned Judicial Magistrate No.IV, Tirunelveli, Tirunelveli District.
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. SURI.M, Advocate for the petitioner and of M/S.M.MUTHUMANIKKAM, Government Advocate(Crl.side) on behalf of the Respondent No.1, 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 https://www.mhc.tn.gov.in/judis 1/2
Crl.M.P(MD)No.15850 of 2022 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 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 NO.IV, TIRUNELVELI, TIRUNELVELI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3.THE INSPECTOR OF POLICE TIRUNELVELI JUNCTION POLICE STATIOIN, TIRUNELVELI CITY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.SURI.M Advocate ( SR-15208[I] dated 20/12/2022 )
ORDER
IN Crl.M.P(MD)No.15850 of 2022 in Crl.O.P.(MD)No.22450 of 2022 Date :20/12/2022 RK/VR/SAR-3 (26/12/2022) 2P/6C https://www.mhc.tn.gov.in/judis 2/2