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Madras High CourtCRL OP(MD)/22160/2024disposed of

Chandra v. The State Of Tamil Nadu,

2024-12-16Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.22160 of 2024 and Crl.M.P(MD)No.13751 & 13753 of 2024 1.Chandra 2.Anbu alias Anbu Rani ..Petitioners Vs.

1. State of Tamil Nadu, Rep by the Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

Cr No.133/2024.

2. Andrews Golvin ..Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS., to quash the impugned charge sheet in C.C. No. 896 of 2024 on the file of the Learned Judicial Magistrate, Tenkasi.

For Petitioners : Mr.A.B.Jeeva For Respondents : Mr.K.Sanjai Gandhi (R1) Government Advocate Page No.1/6

ORDER

This Criminal Original Petition has been filed against the impugned charge sheet in C.C. No. 896 of 2024 on the file of the Learned Judicial Magistrate, Tenkasi.

2.The case of the prosecution is that due to the dispute between the petitioners and the defacto complainant, the petitioners scolded the defacto complainant in filthy language and attacked him. They further made a life threaten to him.

3.Today (16.12.2024), when the matter was taken up for hearing, after the elaborate submission, the learned counsel for the petitioners seeks permission of this Court to raise all the points before the trial Court at the time of trial. He further requested that this Court may dispense with the appearance of the petitioners before the trial Court during trial.

4. Considering the submission made by the petitioners, this Court is inclined to accept the request of the petitioners. Hence, this Criminal Page No.2/6

Original Petition is disposed of with the following directions: 4.1. The petitioners are hereby permitted to raise all the points before the trial Court during the trial.

4.2. The appearance of the petitioners is dispensed with before the trial Court on all hearing dates except the following hearings: (i) The date of furnishing copies under Section 207 Cr.P.C, and initial questioning to answer the charges; (ii) The date of questioning under Section 313 Cr.P.C; (iii) On the date of Judgement.

4.2.1.The petitioners are directed to give an undertaking in the form of an affidavit that he will be duly represented by a counsel on all hearing dates.

4.2.2. The petitioners shall not dispute the identity of the witnesses. 4.2.3. The petitioners shall appear before the Court in the event his presence is insisted by the trial judge for the purpose of identification. 4.2.4. 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 the Hon'ble Supreme Court of India in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) Page No.3/6

SCC 667.

Accordingly, connected miscellaneous petitions are is closed. 16.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Sm Page No.4/6

To 1.The Judicial Magistrate, Tenkasi.

2. The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

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

4.The Section Officer, Criminal Section (Records), Madurai Bench of Madras High Court, Madurai.

Page No.5/6

K.K.RAMAKRISHNAN, J.

Sm Crl.O.P.(MD) No.22160 of 2024 16.12.2024 Page No.6/6