Madras High Court
L.Pandi vs State Rep.By The Inspector Of ... on 18 April, 2023
CRL.O.P.(MD).No.7082 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.O.P.(MD).No.7082 of 2023
and
CRL.M.P.(MD)Nos.6136 and 6138 of 2023
L.Pandi : Petitioner
Vs.
1.State rep.by the Inspector of Police,
Vigilance and Anti-Corruption Act,
Pudukkottai.
2.Neethiman : Respondents
PRAYER : Criminal Original Petition has been filed under Section 482
of Cr.P.C, to call for the records relating to the proceedings in Spl.S.C.
No.3 of 2020 on the file of the Court of Chief Judicial Magistrate,
Pudukkottai and quash the same in so far as the petitioner is concerned.
For Petitioner : Mr.I.Arockia Selvaraj
For R1 : Mr.R.Meenakshi Sundaram,
Additional Public Prosecutor.
ORDER
The Criminal Original Petition has been filed, invoking Section 482
Cr.P.C., seeking orders to call for the records relating to the proceedings in
https://www.mhc.tn.gov.in/judis
CRL.O.P.(MD).No.7082 of 2023
Spl.S.C.No.3 of 2020 on the file of the Court of Chief Judicial Magistrate,
Pudukkottai and quash the same in so far as the petitioner is concerned.
2. When the matter is taken up for hearing today (i.e., 18.04.2023),
the learned counsel Additional Public Prosecutor appearing for the State
would submit that the petitioner has earlier filed a petition in Cr.M.P.No.
702 of 2020 in C.C.No.3 of 2020 on the file of the Chief Judicial
Magistrate, Pudukottai, seeking discharge and the learned Chief Judicial
Magistrate, after enquiry, has passed an order dismissing the said petition.
Aggrieved by the said dismissal, the petitioner has preferred a revision in
Crl.R.C.(MD)No.1217 of 2022 before this Court and this Court, by
observing that the points/aspects raised by the petitioner, are mater for
trial, dismissed the revision.
3. At this juncture, the learned counsel for the petitioner would
submit that the petitioner is now working as PRO\Public Relations Officer
at Ramanathapuram and it is very difficult to travel from Ramanathapuram
to Pudukkottai to attend the hearings; that the petitioner is ready to
withdraw the quash petition and that the personal appearance may be
dispensed with.
https://www.mhc.tn.gov.in/judis
CRL.O.P.(MD).No.7082 of 2023
4. Considering the facts and circumstances of the case and also the
submission made by the learned counsel for the petitioner, permission is
granted. This Criminal Original Petition is dismissed as withdrawn and the
personal appearance of the petitioner before the trial Court is ordered to be
dispensed with, on conditions that he shall appear at the time of initial
questioning, proceedings under Section 313 of Cr.P.C., and at the time of
passing judgment and on the hearings, specifically directed by the trial
court. The petitioner is further directed to give an undertaking in the form
of affidavit that he will be duly represented by a counsel on all hearing
dates and that the Counsel representing her will cross examine the
prosecution witnesses on the same day they are examined in chief. The
petitioner shall not dispute the identity of the witnesses. The petitioner
shall appear before the Court in the event his presence is insisted by the
trial judge for the purpose of identification. If the petitioner adopts any
dilatorial tactics, it is open to the Trial Court to insist for his appearance
and deal with the petitioner in accordance with the judgment of Supreme
Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported
in 2001 (4) SCC 667. Consequently, CRL.M.P.(MD)No.6136 of 2023, is
closed.
das 18.04.2023
https://www.mhc.tn.gov.in/judis
CRL.O.P.(MD).No.7082 of 2023
K.MURALI SHANKAR, J.
das
To
1.The Chief Judicial Magistrate,
Pudukkottai.
2.The Inspector of Police,
Vigilance and Anti-Corruption Act,
Pudukkottai.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
CRL.O.P.(MD).No.7082 of 2023
and
CRL.M.P.(MD)Nos.6136 and 6138 of 2023
18.04.2023
https://www.mhc.tn.gov.in/judis
