Madras High Court
Kowsik vs State Through on 3 January, 2022
Crl.O.P(MD)No.20773 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2022
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.20773 of 2021
and
Crl.M.P.(MD)No.11858 of 2021
Kowsik ... Petitioner
Vs.
1.State through
The Inspector of Police,
Koodankulam Police Station,
Tirunelveli District.
(Crime No.5 of 2016)
2.S.Ramesh ... Respondents
Prayer: This Criminal Original Petition is filed under Section 482 of
Cr.P.C., to call for the records in C.C.No.176 of 2020 on the file of the
Judicial Magistrate, Radhapuram, Tirunelveli District and quash the same
in respect of the petitioner.
For Petitioner : Mr.A.Jeyaram
For Respondents : Mr.E.Antony Sahaya Prabahar,
Addl. Public Prosecutor for R1.
https://www.mhc.tn.gov.in/judis
1/6
Crl.O.P(MD)No.20773 of 2021
ORDER
Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor for the first respondent.
2.The petitioner is facing trial in C.C.No.176 of 2021 on the file of
the Judicial Magistrate, Radhapuram. The petitioner is figuring as A5
therein.
3.The learned counsel for the petitioner reiterated all the
contentions set out in the memorandum of grounds and called upon this
Court to quash the impugned proceedings.
4.I am not persuaded by the said submissions. As rightly pointed
out by the learned Additional Public Prosecutor, the victims as well as
the defacto complainant had specifically alleged that the petitioner was
present in the scene of occurrence and that he had also taken part in
crime. Of course, the role played by the petitioner might have been
minor, but the petitioner will have to necessarily establish his innocence
only before the Court below.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.20773 of 2021
5.Leaving open all his contentions and defences, this criminal
original petition is dismissed. However, taking note of 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 dispensing with the
personal appearance of the petitioner will stand automatically vacated.
consequently, connected miscellaneous petition is closed.
03.01.2022
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.20773 of 2021
To:
1.The Judicial Magistrate,
Radhapuram,
Tirunelveli District.
2.The Inspector of Police,
Koodankulam Police Station,
Tirunelveli 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.20773 of 2021
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.20773 of 2021
G.R.SWAMINATHAN, J.
ias
Crl.O.P(MD)No.20773 of 2021
03.01.2022
https://www.mhc.tn.gov.in/judis
