Ammasikani vs The State Through
2021 Latest Caselaw 25257 Mad

                                                                        Crl.O.P(MD)No.20385 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 22.12.2021

                                                    CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl.O.P(MD)No.20385 of 2021
                                                     and
                                    Crl.M.P.(MD)Nos.11593 and 11594 of 2021

                     Ammasikani                                        ... Petitioner
                                                       Vs.


                     1.The State through
                       The Inspector of Police,
                       PWE Srivilliputhur Police Station,
                       Virudhunagar District.
                       (Crime No.903 of 2020)

                     2.P.Ganesan                                       ... Respondents


                     Prayer: This Criminal Original Petition is filed under Section 482 of

                     Cr.P.C., to call for the entire records connected with impugned charge

                     sheet in S.T.C.No.1278 of 2020 dated 21.09.2020 on the file of the

                     learned Judicial Magistrate, Rajapalayam and quash the same as illegal.


                                   For Petitioner    : Mr.R.Alagumani

                                   For Respondents : Mr.E.Antony Sahaya Prabahar,
                                                         Addl. Public Prosecutor for R1.

https://www.mhc.tn.gov.in/judis
                     1/4
                                                                         Crl.O.P(MD)No.20385 of 2021


                                                     ORDER

This criminal original petition has been filed to quash the

impugned proceedings S.T.C.No.1278 of 2020 on the file of the Judicial

Magistrate, Rajapalayam.

2.The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds. I am not however

persuaded by the same. As rightly pointed out by the learned Additional

Public Prosecutor, consideration of the said contentions would involve

undertaking factual probe and analysis. Under Section 482 of CrPC, I

cannot be do so. Hence, this criminal original petition is dismissed. All

the defences and contentions of the petitioner are left open. However,

taking into account the overall facts and circumstances, the personal

appearance of the petitioner before the Court below is dispensed with.

However, the Court below will insist on the personal appearance of the

petitioner only on three occasions namely, to answer the charge, for

examination under Section 313 of CrPC and at the time of pronouncing

Judgment. On all other occasions, the petitioner need not appear before

the Court below. However, on those occasions, the petitioner will have

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

Crl.O.P(MD)No.20385 of 2021

to be represented by his counsel. If the petitioner's counsel is also

absent, the benefit of dispensing with the personal appearance of the

petitioner will stand automatically vacated. consequently, connected

miscellaneous petitions are closed.

22.12.2021 Index :Yes/No Internet : Yes/No ias

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, Rajapalayam.

2.The Inspector of Police, PWE Srivilliputhur Police Station, Virudhunagar District.

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

Crl.O.P(MD)No.20385 of 2021

G.R.SWAMINATHAN, J.

ias

Crl.O.P(MD)No.20385 of 2021

22.12.2021

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