Vembiah v. The Inspector Of Police

Crl.M.P.(MD)No.16199 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P.(MD)No.16199 of 2022 in Crl.O.P.(MD)No.22876 of 2022 1 VEMBIAH 2 SELVANAYAGI 3 SUDALAIVADIVU 4 PETCHIAMMAL 5 PASUNGILI 6 SOUNDER ... PETITIONER/ACCUSED NO.1 TO 6 Vs 1 THE STATE REP.BY, THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY (CRIME NO.9 OF 2022) ...RESPONDENT/COMPLAINANT 2 MABUBBADUSHA ... 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 before the trial court in CC.No.2273 of 2022 pending on the file of the Special Court for Land Grabbing Cases, Tirunelveli pending disposal of the main quash petition pending on the file of this Hon'ble Court.

Prayer in CRL OP(MD). 22876/ 2022 :

To call for the entire records pertaining to the case in CC.No.2273 of 2022 pending on the file of the Special Court for Land Grabbing Cases, Tirunelveli and quash the same as against the petitioners 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. ANAND.R, Advocate for the petitioner and of M/S.R.SIVAKUMAR, Government Advocate(Crl.side) on behalf of the Respondent No.1, the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

Crl.M.P.(MD)No.16199 of 2022 Heard the learned Counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent.

2.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. 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/- 23/12/2022 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

lr TO 1.THE JUDGE, SPECIAL COURT FOR LAND GRABBING CASES, TIRUNELVELI. 2.THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S. ANAND.R Advocate SR.No.15591

ORDER

IN Crl.M.P.(MD)No.16199 of 2022 in Crl.O.P.(MD)No.22876 of 2022 Date :23/12/2022 RK/BUC/SAR-4 (03/01/2023) 3P/5C https://www.mhc.tn.gov.in/judis 2/2