Kamal Batcha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P(MD)No.16004 of 2022 in Crl.O.P.(MD)No.22626 of 2022 KAMAL BATCHA ... PETITIONER / PETITIONER Vs 1 THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KAMUTHI, RAMANATHPURAM DISTRICT.
CRIME NO.3 OF 2022.
2 PARGANA ABROSE ... 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 CC.No.280 of 2022 on the file of the Learned District Munsif cum Judicial Magistrate,Kamuthi,Ramathapuram District pending disposal of the Quash Petition.
Prayer in CRL OP(MD). 22626/ 2022 :
To call for the records in connection with in CC.No.280 of 2022 on the file of the Learned District Munsif cum Judicial Magistrate,Kamuthi and quash the same in respect of the Petitioner alone and 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 M/S.SHANMUGASELVAM N, Advocate for the petitioner and of MR.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor for the 1st Respondent, the court made the following order:- Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor.
2.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 https://www.mhc.tn.gov.in/judis 1/2
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 the Counsel representing her will cross examine the prosecution witnesses on the same day they are 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/- 21/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KAMUTHI.
2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KAMUTHI, RAMANATHPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Crl.M.P(MD)No.16004 of 2022 in Crl.O.P.(MD)No.22626 of 2022 Date :21/12/2022 lr MK/BUC/SAR 3/27.12.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2