Sethupathy @ Sethuraman vs The Inspector Of Police
2021 Latest Caselaw 23210 Mad

                                                         1             CRL.O.P.(MD)NO.18429 OF 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 26.11.2021

                                                        CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl.O.P.(MD)No.18429 of 2021 and
                                      CRL.M.P.(MD)Nos.10149 & 10151 of 2021


                     Sethupathy @ Sethuraman                       ... Petitioner / Accused No.1

                                                             Vs.


                     1. The Inspector of Police,
                        Virudhunagar West police station,
                        Virudhunagar,
                        Virudhunagar District.
                        (Crime No.341 of 2016)    ... 1st Respondent / Complainant

                     2. Krishnan                          ... 2nd Respondent /
                                                                  Defacto Complainant

                                  Prayer: Criminal Original petition is filed under Section
                     482 of Cr.P.C, to call for the records relating to the
                     proceedings in C.C.No.426 of 2019 on the file of the learned
                     Judicial Magistrate No.I, Virudhunagar and quash the same as
                     against the petitioner.


                                  For Petitioner    : Mr.S.Sundarapandian
                                  For R-1           : Mr.M.Veeranthiran,
                                                      Government Advocate.

                                                        ***

https://www.mhc.tn.gov.in/judis
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                                                         2        CRL.O.P.(MD)NO.18429 OF 2021



                                                      ORDER

Heard the learned counsel on either side.

2. This criminal original petition has been filed to quash

the proceedings in C.C.No.426 of 2019 on the file of the

Judicial Magistrate, Virudhunagar.

3. The prosecution case is that the petitioner indulged in

job rocketing.

4. The learned counsel appearing for the petitioner

reiterated all the contentions set out in the memorandum of

grounds.

5. Consideration of the petitioner's contentions would

involve undertaking a factual probe. Under Section 482 of

Cr.P.C., I cannot do so. Therefore leaving open all the

contentions and the defences of the petitioner, this criminal

original petition stands dismissed.

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

3 CRL.O.P.(MD)NO.18429 OF 2021

6. 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.

                                                                                        26.11.2021

                     Index              : Yes / No
                     Internet           : Yes/ No
                     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.

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

4 CRL.O.P.(MD)NO.18429 OF 2021

G.R.SWAMINATHAN,J.

PMU

To:

1. The Judicial Magistrate No.I, Virudhunagar.

2. The Inspector of Police, Virudhunagar West police station, Virudhunagar, Virudhunagar District.

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

Crl.O.P.(MD)No.18429 of 2021

26.11.2021

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