Vijay v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE M.NIRMAL KUMAR in Crl.O.P.(MD)No.21228 of 2024 1 VIJAY 2 V.BOSE 3 BHARATHI 4 GAVASKAR 5 SHALINI 6 RAVANISH ... PETITIONERS/PETITIONERS Vs 1 THE STATE OF TAMILNADU REP BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THILAGAR THIDAL, MADURAI CITY, MADURAI.

CRIME NO.23 OF 2020.

2 VIDHYA ... RESPONDENTS/RESPONDENTS 1/4

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 appearance of the petitioners in C.C.No.438 of 2021 on the file of the Learned Additional Mahila Court, Madurai pending disposal of the above Criminal Original Peititon. Prayer in CRL OP(MD). 21228/ 2024 :

To call for the records pertaining to the case in C.c.NO.438 of 2021 on the file of the Learned Additional Mahila Court, Madurai and Quash the same as far as the petitioners are concerned.

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.SIVAKUMAR, Advocate for the petitioners and of MR.P.KOTTAICHAMY, Government Advocate (Crl.side) on behalf of the Respondent No.1, while admitting the Criminal Original Petition, the court made the following order:- Considering the facts and circumstances of the case, the personal appearance of the petitioners in C.C.No.438 of 2021, on the file of the Additional Mahila Court, Madurai, is ordered to be dispensed with, on condition 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 2/4

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 learned trial Judge for the purpose of identification. If the petitioners adopt any dilatorily tactics, it is open for the trial Court to insist for their appearance and deal with the petitioners 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/- 04/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SMN2 TO

1. THE JUDGE, ADDITIONAL MAHILA COURT, MADURAI 2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THILAGAR THIDAL, MADURAI CITY, MADURAI.

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

ORDER

IN in Crl.O.P.(MD)No.21228 of 2024 Date :04/12/2024 RK/VR (11/12/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4