Madras High CourtCRL OP(MD)/20106/2013dismissed

S.Subramaniam v. The Inspector Of Police

2018-04-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20106 of 2013 and M.P.(MD)No.1 of 2013 S.Subramaniam ... Petitioner/Accused No.2 Vs.

1.State Rep. by The Inspector of Police, Central Crime Branch Unit - I, Madurai District.

(Crime No.63 of 2012) ...1st RESPONDENT/COMPLAINANT 2.N.K.Ramasamy ...2nd Respondent/Defacto Complainant Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the case in C.C.No.158 of 2013 on the file of the Judicial Magistrate No.I, Madurai and quash as against the petitioner. For Petitioner : Mr.B.Brijesh Kishore For R1 : Mr.A.Robinson Government Advocate (Criminal side) For R2 : Mr.C.Sundaravadivel

ORDER

The petitioner is figuring as Accused No.2 in C.C.No.158 of 2013 on the file of the Judicial Magistrate Court No.I, Madurai. He seeks quashing of the impugned proceedings. 2.It is seen that in this quash petition certain grounds have been raised. This Court is of the view that the same can better be raised or established during the trial. Hence, this Criminal Original Petition is dismissed. However, some relief can be given to the petitioner. The petitioner needs to personally appear before the Court to answer the charges, at the time of examination under Section 313 Cr.P.C. and again at the time of pronouncing judgment and on other occasions, normally his presence shall not be insisted upon by the learned Trial Magistrate, unless https://hcservices.ecourts.gov.in/hcservices/

it is absolutely necessary and imperative. The personal appearance of the petitioner is dispensed with and on his behalf, his counsel should appear before the Trial Court. The petitioner shall be at liberty to raise all the contentions put forth in this Criminal Original Petition before the Trial Court. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(P & A) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Madurai.

2.The Inspector of Police, Central Crime Branch Unit - I, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to MR.B.BRIJESH KUMAR, Advocate SR.No.63751 Crl.O.P.(MD)No.20106 of 2013 and M.P.(MD)No.1 of 2013 26.04.2018 SMA/CM-PN/SAR-3/14.05.2018:2P/5C https://hcservices.ecourts.gov.in/hcservices/