Madras High Court
Illayaperumal vs The State Rep By on 2 February, 2022
Crl.O.P(MD)No.2033 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.02.2022
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.2033 of 2022
and
Crl.M.P.(MD)Nos.1482 and 1483 of 2022
1.Illayaperumal
2.Dhanalingam
3.Rajarajan
4.Karmegam ... Petitioners
Vs.
1.The State rep by,
The Inspector of Police,
District Crime Branch,
Madurai,
Madurai District.
(Crime No.9 of 2021)
2.Veluchamy ... Respondents
Prayer: This Criminal Original Petition is filed under Section 482 of
Cr.P.C., to call for the records of the charge sheet in connection with
C.C.No.16 of 2021 on the file of the learned Judicial Magistrate, Special
Court for Exclusive Trial of Land Grabbing Cases, Madurai and quash
the same.
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1/6
Crl.O.P(MD)No.2033 of 2022
For Petitioners : Mr.B.Jeyakumar
For Respondents : Mr.E.Antony Sahaya Prabahar,
Addl. Public Prosecutor for R1.
ORDER
This criminal original petition has been filed to quash the
impugned proceedings in C.C.No.16 of 2021 on the file of the learned
Judicial Magistrate, Special Court for Exclusive Trial of Land Grabbing
Cases, Madurai
2.Since the contentions advanced by the learned counsel for the
petitioners involve contentious facts, I am not in a position to consider
the same. Leaving open all the defences and contentions of the
petitioners, this criminal original petition is dismissed. However, taking
note of the overall facts and circumstances, the personal appearance of
the petitioners before the Court below is dispensed with. However, the
Court below will insist on the personal appearance of the petitioners 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 petitioners need not appear before the Court below.
However, on those occasions, the petitioners will have to be represented
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Crl.O.P(MD)No.2033 of 2022
by their counsel. If the petitioners' counsel is also absent, the benefit of
dispensing with the personal appearance of the petitioners will stand
automatically vacated. It is stated that the fourth petitioner is a Soldier
working in Indian Army. Therefore, the fourth petitioner can be
permitted to appear before the Court below through video conferencing.
He can also execute a special vakalat to a counsel, who can represent
him even during examination under Section 313 of CrPC. The fourth
respondent will be required to appear before the Court below only at the
time of pronouncement of judgment. On all other occasions his
appearance can be dispensed with. But then, his counsel will have to
appear. If his counsel fails to appear, the benefit of this order will
automatically vacated. Consequently, connected miscellaneous petitions
are closed.
02.02.2022
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.
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Crl.O.P(MD)No.2033 of 2022
To:
1.The Judicial Magistrate,
Special Court for Exclusive Trial of Land Grabbing Cases,
Madurai.
2.The Inspector of Police,
District Crime Branch,
Madurai,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.2033 of 2022
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.2033 of 2022
G.R.SWAMINATHAN, J.
ias
Crl.O.P(MD)No.2033 of 2022
02.02.2022
https://www.mhc.tn.gov.in/judis
