V.Lakshmanan vs The Deputy Superintendent Of ...
2022 Latest Caselaw 580 Mad

                                                                         Crl.O.P(MD)No.20626 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 10.01.2022

                                                     CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl.O.P(MD)No.20626 of 2021
                                                     and
                                    Crl.M.P.(MD)Nos.11730 and 17731 of 2021

                     V.Lakshmanan                                        ... Petitioner
                                                        Vs.

                     1.The Deputy Superintendent of Police,
                       NIB CID,
                       Madurai District.
                       (Crime No.106 of 2013)

                     2.R.Madhan,
                       Inspector of Police,
                       NIB CID,
                       Madurai District.                                 ... Respondents

                     Prayer: This Criminal Original Petition is filed under Section 482 of
                     Cr.P.C., to call for the records pertaining to the impugned charge sheet in
                     C.C.No.45 of 2016 on the file of the Additional Principal Special Court
                     for EC & NDPS Act Cases, Madurai and quash the same insofar as the
                     petitioner is concerned.


                                  For Petitioner      : Mr.AN.Ramanathan

                                  For Respondents     : Mr.E.Antony Sahaya Prabahar,
                                                            Addl. Public Prosecutor.

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                                                                           Crl.O.P(MD)No.20626 of 2021


                                                     ORDER

Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor for the respondents.

2.This criminal original petition has been filed to quash the

proceedings in C.C.No.45 of 2016 on the file of the Additional Principal

Special Court for EC & NDPS Act Cases, Madurai.

3.The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds. As rightly pointed

out by the learned Additional Public Prosecutor for the respondents, in

view of the contentious nature of the facts involved, it is not open to this

Court to exercise its inherent powers in this case.

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

criminal original petition stands dismissed. However, taking note of the

fact that the prosecution is pending for more than five years, the learned

Trial Judge is directed to conclude the case on merits and in accordance

with law within a period of six months from the date of receipt of a copy

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

Crl.O.P(MD)No.20626 of 2021

of this order. Since the petitioner is employed as Haisldar, his personal

appearance 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

dispensing with the personal appearance of the petitioner will stand

automatically vacated. Consequently, connected miscellaneous petitions

are closed.

10.01.2022 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.

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

Crl.O.P(MD)No.20626 of 2021

To:

1.The Additional Principal Special Court for EC & NDPS Act Cases, Madurai.

2.The Deputy Superintendent of Police, NIB CID, 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.20626 of 2021

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

Crl.O.P(MD)No.20626 of 2021

G.R.SWAMINATHAN, J.

ias

Crl.O.P(MD)No.20626 of 2021

10.01.2022

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