Muniyandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08-01-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR IN CRL OP(MD) NO. 243 of 2025 Muniyandi S/o.Ramasamy, Chokkampatti, Mankalam Post, Sivakasi Taluk, Virudhunagar District. and 2 Others Petitioner(s) Vs The State of Tamilnadu Rep by Inspector of Police, Nathampatti Police Station, Virudhunagar District.

Crime No.92 of 2021. and another Respondent(s) For Petitioner(s):

Mr.K.Sankar For Respondent(s):

Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R1

ORDER

It is submitted that this is the case and counter case, and the counter case was closed without any inquiry. The petitioner has been taking steps to file a protest petition against the same.

2.Considering the above, the personal appearance of the petitioner in S.T.C.No.66 of 2024, on the file of the District Munsif cum Judicial Magistrate Court, 1/3

Watrap 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/- 08/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JEN 2/3

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, WATRAP. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE, NATHAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN IN CRL OP(MD) NO. 243 of 2025 Date :08/01/2025 RS/GSV/SAR-(23.01.2025) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3