Deva Asir vs Sudharamasamy
2021 Latest Caselaw 23137 Mad

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 25.11.2021

                                                          CORAM:

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                       Crl OP(MD)Nos.13341 & 13347 of 2021
                                                       and
                                  Crl MP(MD)Nos.6900, 6903, 6905 & 6906 of 2021


                   Deva Asir                                                ... Petitioner/Accused
                                                                             in both petitions

                                                             vs.

                   Sudharamasamy                                      ... Respondent/Complainant
                                                                                 in both cases

                   Common PRAYER :                    Criminal Original Petitions filed under
                   Section 482 of Cr.Pc to call for the records in STC No.969 of 2019
                   & C.C No.492 of 2018 on the file of the Judicial Magistrate,
                   Bodinayakkanur and quash the same.


                                     For Petitioner             : Mr.C.D.Johnson
                                     in both petitions
                                     For Respondents            : Mr.T.Senthilkumar,
                                     in both petitions              Additional Public Prosecutor


                                                           ORDER

Both the criminal original petitions are dismissed as

withdrawn. All the contentions of the petitioner are left open and

the petitioner can very well move the jurisdictional civil court. https://www.mhc.tn.gov.in/judis

2.The personal appearance of the petitioner is dispensed with

before the trial court. The trial judge shall not insist on the

personal appearance of the petitioner unless it is necessary or

imperative. Of course, the petitioner has to appear on those

occasions, namely, to answer the charges, examination under

Section 313 of Cr.Pc and on the day of pronouncement of

judgment. On all other occasions, he will be represented by his

counsel. It is made clear that if his counsel also fails to appear,

the benefit of this order will go automatically. Connected

miscellaneous petitions are closed.

25.11.2021

skm

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, Bodinayakkanur.

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

G.R.SWAMINATHAN, J.

skm

Crl OP(MD)Nos.13341 & 13347 of 2021

25.11.2021 https://www.mhc.tn.gov.in/judis