R.Arul Rani Fernando vs R.Kanni Aarthi
2023 Latest Caselaw 4858 Mad

                                                                        Crl.O.P(MD)No.4881 of 2021


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 26.04.2023

                                                         CORAM:

                                  THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN

                                              Crl.O.P(MD)No.4881 of 2021
                                                        and
                                              Crl.M.P(MD)No.2788 of 2021

                     R.Arul Rani Fernando                          .. Petitioner/Accused

                                                           Vs.

                     R.Kanni Aarthi                                .. Respondent/Complainant


                     PRAYER: Criminal Original Petition filed under Section 482 of the Code

                     of Criminal Procedure, to call for the records pertaining to the impugned

                     summon dated 04.02.2021 in S.T.C.No.23 of 2021 issued by the learned

                     Judicial Magistrate No.I(Fast Track Court at Magistrial Level), Madurai

                     and to quash the same as illegal.

                                   For Petitioner     : Mr.S.Sankarapandian

                                   For Respondent     : No appearance



                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                             Crl.O.P(MD)No.4881 of 2021


                                                            ORDER

When the matter is taken up for hearing, the learned counsel for the

petitioner seeks permission of this Court to withdraw this petition with

liberty to raise all the points before the trial Court and he seeks

indulgence of this Court to dispense with the personal appearance before

the trial Court. He has also made an endorsement to that effect.

2. Recording the said endorsement, this Criminal Original Petition

is dismissed as withdrawn. Consequently, connected miscellaneous

petition is closed. Further, this Court directs the learned Judicial

Magistrate No.I(Fast Track Court at Magistrial Level), Madurai, to

dispose the case in S.T.C.No.23 of 2021 within a period of six months

from the date of receipt of a copy of this order.

3. Considering the facts and circumstances of the case, the personal

appearance of the petitioner before the trial Court is ordered to be

dispensed with on the following conditions:

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.4881 of 2021

(i) The petitioner is directed to give an undertaking in the form of

affidavit that she will be duly represented by a counsel on all hearing

dates.

(ii) The petitioner shall not dispute the identity of the witnesses.

(iii) The petitioner shall appear before the Court in the event her

presence is insisted by the trial judge for the purpose of identification.

(iv) If the petitioner adopt any dilatorial tactics, it is open to the

Trial Court to insist for her 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.

26.04.2023

NCC : Yes/No Internet: Yes/No Index : Yes/No PJL

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.4881 of 2021

K.K.RAMAKRISHNAN,J.

PJL

To Judicial Magistrate No.I, Fast Track Court at Magisterial Level, Madurai.

Crl.OP(MD)No.4881 of 2021

26.04.2023

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