Palani vs The State Represented By
2022 Latest Caselaw 1507 Mad

                                                                             Crl.O.P.(MD)No.1675 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 31.01.2022

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            Crl.O.P(MD)No.1675 of 2022
                                                      and
                                         Cr.M.P(MD)Nos.1210 & 1211 of 2022


                Palani                                                     ... Petitioner/
                                                                               Sole Accused

                                                             Vs.
                1.The State represented by
                  The Inspector of Police,
                  Tirunelveli Railway Police Station,
                  GRP Trichy District.
                  (Crime No.74 of 2019)                                    ... 1st Respondent


                2.Jesuraj                                                  ... 2nd Respondent/
                                                                               Complainant


                Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
                the records pertaining to the proceedings in C.C.No.640 of 2021 on the file of
                the learned Judicial Magistrate Court No.4, Tirunelveli, Tirunelveli District and
                quash the same.
                                  For Petitioner     : Mr.R.Balamuruganantham
                                  For Respondents    : Mr.M.Sakthi Kumar
                                                       Government Advocate (Crl.Side) for R.1


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                                                                             Crl.O.P.(MD)No.1675 of 2022




                                                      ORDER

Heard the learned counsel appearing for the petitioner and the learned

Government Advocate (Criminal Side) appearing for the first respondent.

2. The petitioner wants this Court to quash to impugned proceedings. The

petitioner’s counsel reiterated all the contentions set out in the memorandum of

grounds.

3. Since they are factually contentious, this Court cannot grant relief

under Section 482 Cr.P.C. Leaving open all the defenses of the petitioner, this

Criminal Original Petition is dismissed.

4. However, taking into consideration the facts and circumstances of the

case, the personal appearance of the petitioner before the Court below shall

stand dispensed with. The Court below will insist on the personal appearance of

the petitioner only on three occasions namely, to answer the charges,

examination under Section 313 of Cr.P.C., 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

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

Crl.O.P.(MD)No.1675 of 2022

of dispensing the personal appearance of the petitioner will stand automatically

vacated. Consequently, connected miscellaneous petitions are closed.

                                                                                          31.01.2022

                Index             : Yes / No
                Internet          : Yes/ No
                mga

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 Court No.4, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Tirunelveli Railway Police Station, GRP Trichy 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.1675 of 2022

G.R.SWAMINATHAN, J.

mga

Crl.O.P(MD)No.1675 of 2022 and Cr.M.P(MD)Nos.1210 & 1211 of 2022

31.01.2022

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