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Madras High CourtCRL OP(MD)/5605/2011closed

K.Palaniselvam v. The Inspector Of Police

2018-07-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.5605 of 2011 and M.P.(MD)No.1 of 2011 K.Palaniselvam ... Petitioner/Accused no.4 Vs.

State represented by The Inspector of Police, C.S.CID Dindugal. ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.36/2009 on the file of the Judicial Magistrate No.III Dindugal and quash the charge sheet in C.C.No.36/2009 so far as the petitioner in the above case. For Petitioner : Mr.V.Balakrishnan For Respondent : Mr.K.Anbarasan, G.A.(Crl.side)

ORDER

The petitioner has filed this petition to quash C.C.No.36 of 2009 on the file of the learned Judicial Magistrate No.III, Dindugal. The petitioner figures as the fourth accused. 2.When the matter was taken up for disposal, the learned Government Advocate (Crl.side) pointed out that trial in this case has already commenced and that two witnesses out of 9 have already been examined.

3.Since the trial has already commenced, the question of quashing does not arise. The defences of the petitioner are left open. The petitioner is also given a relief of dispensed with his personal appearance. He shall appear only at the time of examination under Section 313 Cr.P.C and also at the time of pronouncing Judgment and on all other occasions, he shall appear through his counsel.

4.With the above directions and observations, this Criminal Original Petition is closed. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (Protocol) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To

1. The Judicial Magistrate No.III, Dindugal.

2. The Inspector of Police, C.S.CID Dindugal.

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

+1cc to Mr.P.BANUPRASATH, Advocate SR.No.73608 Gns MK/MMS/SAR 4/01.08.2018/2P/5C Crl.O.P.(MD)No.5605 of 2011 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/