G.Veerapandi vs The State Represented By
2022 Latest Caselaw 1094 Mad

                                                                           Crl.O.P(MD)No.1149 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 24.01.2022

                                                     CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           Crl.O.P(MD)No.1149 of 2022
                                                      and
                                           Crl.M.P.(MD)No.830 of 2022
                     G.Veerapandi                                        ... Petitioner
                                                         Vs.

                     1.The State represented by
                       The Inspector of Police,
                       Poovanthi Police Station,
                       Sivagangai District.
                       (Crime No.20 of 2020)

                     2.P.Karuppasamy                                     ... Respondents



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

                     Cr.P.C., to call for the records pertaining to the case in Special S.C.No.14

                     of 2020 pending on the file of the Special Court for POCSO Act Cases,

                     Sivagangai District and quash the same as against the petitioner.



                                  For Petitioner      : Mr.R.Anand
                                  For Respondents : Mr.M.Sakthi Kumar,
                                                   Govt. Advocate (Crl. Side) for R1.


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                                                                            Crl.O.P(MD)No.1149 of 2022


                                                      ORDER

Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl. Side) for the first respondent.

2.The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds. Though they are

quite persuasive, in case of this nature, the petitioner has to necessarily

establish the same only before the Court below.

3.Leaving open the petitioner's contentions and defences, this

criminal original petition is dismissed. 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 to be represented

by his counsel. If the petitioner's counsel is also absent, the benefit of

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Crl.O.P(MD)No.1149 of 2022

dispensing with the personal appearance of the petitioner will stand

automatically vacated. Consequently, connected miscellaneous petition

is closed.

24.01.2022 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.

To:

1.The Special Court for POCSO Act Cases, Sivagangai District.

2.The Inspector of Police, Poovanthi Police Station, Sivagangai 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.1149 of 2022

G.R.SWAMINATHAN, J.

ias

Crl.O.P(MD)No.1149 of 2022

24.01.2022

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