R.Natarajan vs G.Bensus Benargee
2021 Latest Caselaw 24744 Mad

                                                                  Crl.O.P.(MD)No.19930 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 15.12.2021

                                                        CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P(MD)No.19930 of 2021
                                                      and
                                     Crl.M.P.(MD)Nos.11236 & 11237 of 2021


                     R.Natarajan                                 ... Petitioner / Accused



                                                         Vs

                     G.Bensus Benargee                        ... Respondent / Complainant

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to call for the records pertaining to the private complaint
                     in C.C.No.51 of 2021 pending before the learned Judicial Magistrate
                     No.1, Padmanabhapuram, Kanyakumari District for the alleged
                     offences under Sections 406 and 420 of IPC and quash the same as
                     illegal against the petitioner.


                                  For Petitioner       : Mr.M.Maran


                                                       ORDER

Heard the learned counsel for the petitioner.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19930 of 2021

2.The petitioner is facing trial in C.C.No.51 of 2021 on the

file of the Judicial Magistrate No.1, Padmanabhapuram for the

offences under Sections 406 & 420 of IPC.

3. The petitioner's counsel reiterated all the contentions set

out in the memorandum of grounds.

4. I am not persuaded by the same. Consideration of those

contentions would necessarily involve undertaking a factual probe.

Under Section 482 of Cr.P.C, I cannot do so. Leaving open the

petitioner's defences and contentions, this Criminal Original Petition

is dismissed.

5. However taking note of the overall facts and

circumstances including the fact that the petitioner is a cardiac

patient, the personal appearance of the petitioner before the court

below is dispensed with. The petitioner's counsel expressed some

difficulties regarding conducting the cross examination of P.W.1 on

17.12.2021. He undertakes that on the very next hearing date, the

petitioner will be ready to get along with the cross examination.

6.In view of the same, the Court below is directed not to

insist that the petitioner should conduct the cross examination on

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19930 of 2021

17.12.2021. The court below shall give short accommodation.

7. The learned trial Magistrate shall insist on the personal

appearance of the petitioner only when it is absolutely necessary and

imperative. The petitioner shall be called upon to appear in person

before the trial Court at the time of answering the charges and at the

time of pronouncement of Judgment. On all other occasions, the

petitioner can be represented through his counsel. Consequently,

connected miscellaneous petitions are closed.

15.12.2021

Index:Yes/No Internet:Yes/No rmi

Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

The Judicial Magistrate No.1, Padmanabhapuram, Kanyakumari District.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19930 of 2021

G.R.SWAMINATHAN, J.

rmi

Crl.O.P(MD)No.19930 of 2021

15.12.2021

https://www.mhc.tn.gov.in/judis