Mariappan vs State Rep. By
2021 Latest Caselaw 25064 Mad

                                                          1            CRL.O.P.(MD)NO.20311 OF 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 20.12.2021

                                                        CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl.O.P.(MD)No.20311 of 2021 and
                                      CRL.M.P.(MD)Nos.11525 & 11526 of 2021

                     Mariappan                                      ... Petitioner / Accused No.2

                                                              Vs.


                     State rep. By,
                     The Inspector of Police,
                     Poovanthi police station,
                     Sivagangai District.
                     (Crime No.25 of 2015)                     ... Respondent / Complainant



                                  Prayer: Criminal Original petition is filed under Section
                     482 of Cr.P.C, to call for the records pertaining to the
                     proceedings in C.C.No.108 of 2015 on the file of the learned
                     Judicial Magistrate No.II, Sivagangai and quash the same as
                     against the petitioner / accused No.2.


                                  For Petitioner    : Mr.S.Balakarthik


                                  For Respondent : Mr.E.Antony Sahaya Prabahar,
                                                   Additional Public Prosecutor.

                                                          ***



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                                                         2        CRL.O.P.(MD)NO.20311 OF 2021



                                                      ORDER

Heard the learned counsel appearing for the petitioner

and the learned Additional Public Prosecutor appearing for

the respondent.

2. The petitioner is facing trial in C.C.No.108 of 2015 on

the file of the Judicial Magistrate No.II, Sivagangai, for the

offences under Sections 454, 380, 411 and 414 of I.P.C. The

petitioner's counsel would contend that the petitioner had

dealt with the items in question without being aware of their

true character. He reiterated all the contentions set out in the

memorandum of grounds.

3. Though they are quite persuasive, consideration of the

said contentions would necessarily involve invoking a factual

probe and analysis. Exercising jurisdiction under Section 482

of Cr.P.C., I cannot do so.

4. This criminal original petition is dismissed. All the

contentions and the defences of the petitioner are left open. I

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3 CRL.O.P.(MD)NO.20311 OF 2021

make it clear that I have not gone into the merits of the

matter.

5. Taking note of the facts and circumstances of this

case, the personal appearance of the petitioner before the

Court below is dispensed with. However, the petitioner has to

appear before the Court below on the following three

occasions:-

i) To answer the charges,

ii) at the time of examination under Section 313 of Cr.P.C.

and

iii) at the time of pronouncement of Judgment.

The petitioner also will have to appear when his presence is

insisted upon by the trial Court and on all other occasions, the

petitioner can be represented by his counsel. If the

petitioner's counsel also fails to appear, the benefit of this

order will stand vacated automatically. Consequently,

connected miscellaneous petitions are closed.

                                                                                   20.12.2021

                     Index              : Yes / No
                     Internet           : Yes/ No
                     PMU

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4 CRL.O.P.(MD)NO.20311 OF 2021

G.R.SWAMINATHAN,J.

PMU

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:

1. The Judicial Magistrate No.II, Sivagangai.

2. The Inspector of Police, Poovanthi police station, Sivagangai District.

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

Crl.O.P.(MD)No.20311 of 2021

20.12.2021

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

5 CRL.O.P.(MD)NO.20311 OF 2021

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