Jeyaprakash vs State Represented By
2022 Latest Caselaw 494 Mad

                                                                      Crl.O.P.(MD)Nos.20848 & 20860 of 2021



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 07.01.2022

                                                        CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                     Crl.O.P.(MD)Nos.20848 & 20860 of 2021
                                                      and
                                   Crl.M.P.(MD)Nos.11952, 11954, 11957& 11958

                     Jeyaprakash                                   ... Petitioner in both Crl.O.Ps.

                                                             vs.
                     1.State represented by
                       The Inspector of Police,
                       Kulasekarapattinam Police Station,
                       Thoothukudi District.
                       (Crime Nos.111 &112 of 2016)                         ... 1st Respondent/
                                                                                Complainant

                     2. Chandran,
                       Assistant Engineer,
                       TANGEDCO, Thiruchendur,
                       Thoothukudi District.                                ... 2nd Respondent/
                                                                              defacto Complainant
                                                                                in both Crl.O.Ps.

                     COMMON PRAYER : Criminal Original Petition filed under Section
                     482 Cr.P.C., to call for the records pertaining to Spl.C.C.Nos.4 & 5 of
                     2021 on the file of the learned Principal District and Sessions Court,
                     Thoothukudi and quash the same as illegal.
                                   For Petitioner       : Mr.P.T.Ramesh Raja

                                   For Respondents      : Mr.E.Antony Sahaya Prabahar
                                                        Additional Public Prosecutor
                                   (in both Crl.O.Ps)
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                                                                          Crl.O.P.(MD)Nos.20848 & 20860 of 2021




                                                      COMMON ORDER

                                  Heard the learned counsel appearing for the petitioner and the

                     learned Additional Public Prosecutor appearing for the respondents.

                                  2. These Criminal Original Petitions have been filed to quash the

                     impugned proceedings.

                                  3. This case arises under the Electricity Act. The prosecution

                     alleges that there was theft of electricity by the petitioner.

                                  4. The petitioner's counsel reiterated all the contentions set out in

                     the memorandum of grounds.

                                  5. Though they are quite persuasive, in view of the contentious

                     nature of the facts involved, I am not in a position to consider the same.

                     Leaving open the petitioner's defences and contentions, these Criminal

                     Original Petitions are dismissed.

                                  6. However, taking note of the overall facts and circumstances, the

                     personal appearance of the petitioner before the court below is dispensed

                     with. The learned trial Magistrate shall insist on the personal appearance

                     of the petitioner only when it is absolutely necessary and imperative.

                     The petitioner shall be called upon to appear in person before the trial

                     Court at the time of answering the charges and at the time of examination

                     under Section 313 of Cr.P.C., and at the time of pronouncement of

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                                                                    Crl.O.P.(MD)Nos.20848 & 20860 of 2021



                     Judgment. On all other occasions, the petitioner can be represented

                     through their counsel. Consequently, connected miscellaneous petitions

                     are closed.

                                                                                   07.01.2022


                     Index : Yes/No
                     Internet : Yes/No
                     rim


                     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 Principal District and Sessions Court, Thoothukudi.

                     2.The Inspector of Police,
                       Kulasekarapattinam Police Station,
                       Thoothukudi District.

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




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                                                    Crl.O.P.(MD)Nos.20848 & 20860 of 2021




                                                    G.R.SWAMINATHAN, J.

rmi

Crl.O.P.(MD)Nos.20848 & 20860 of 2021 and Crl.M.P.(MD)Nos.11952, 11954, 11957& 11958

07.01.2022

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