Ramkumar v. K.Narayanasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE M.NIRMAL KUMAR in Crl.O.P.(MD)No.20386 of 2024 RAMKUMAR ... Petitioner / Accused Vs K.NARAYANASAMY ... Respondent / Complainant Criminal Miscellaneous 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.85/2024 on the file of the Learned Fast Track Court (Magistrate Level), Kovilpatti, pending disposal of above Cr.OP.

Prayer in CRL OP(MD). 20386/ 2024 :

To call for the records relating to the STC No.85/2024 on the file of The Learned Fast Track Court (Magistrate Level), Kovilpatti and Quash the same as illegal, in so far as this petitioner concerned and thus render justice. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.M..PRABU, Advocate for the petitioner the Court made the following order:- Considering the facts and circumstances of the case, the personal appearance of the petitioner in S.T.C.No.85 of 2024, on the file of the Fast Track Court (Magistrate 1/3

Level), Kovilpatti, is ordered to be dispensed with, on condition 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 the counsel representing him 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 learned trial Judge for the purpose of identification. If the petitioner adopts any dilatorily tactics, it is open for the trial Court to insist for his appearance and deal with the petitioner in accordance with the judgment of the Hon'ble Supreme Court in the case of State of Uttar Pradesh vs. Shambhu Nath Singh reported in 2001 (4) SCC 667.

sd/- 22/11/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE JUDGE FAST TRACK COURT (MAGISTRATE LEVEL), KOVILPATTI.

ORDER

IN in Crl.O.P.(MD)No.20386 of 2024 Date :22/11/2024 PSP/ GSV /SAR /04.12.2024/ 3P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3