Madras High Court
C.Nagendranath vs The State Through on 7 December, 2023
Crl.R.C.(MD).No.673 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 07.12.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.RC(MD).No.673 of 2019
and
Crl.M.P(MD). Nos.7985 and 7986 of 2019
C.Nagendranath ... Petitioner/Petitioner/Accused No.6
Vs.
The state through
The Sub Inspector of Police,
CCIW(CID) Police Station,
Madurai Rural,
Crime No.2/2016 ... Respondent/Respondent/Complainant
Page 1 of 6
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.673 of 2019
PRAYER: Criminal Revision Petition has been filed under Section 397 r/w
401 of Cr.P.C., to call for the records of the order made in Cr.M.P.No.80 of
2019 in C.C.No.8 of 2018 on the file of Judicial Magistrate No.III (CCIW),
Madurai dated 02.07.2019 and set aside the same.
For Petitioner : Mr.P.R.Prithiviraj
For Respondent : Mr.E.Antony Sahaya Prabahar,
Additional Public Prosecutor
ORDER
When the matter is taken up for hearing the learned counsel for
the petitioner submitted that eventhough there are some arguable points in
this petition, he seeks permission of this Court to withdraw this petition
with liberty to raise all the points before the trial Court at the time of trial.
He further requested this Court to dispense with the appearance of the
petitioner before the trial Court during trial. He also submitted that since
this case is pending from 2019 onwards, this Court may issue a direction to
the trial Court to dispose the case within a time frame.
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2. This Court is inclined to accept the request of the petitioner.
Hence, this petition is dismissed as withdrawn with the following
directions:
1. The learned Judicial Magistrate No.III (CCIW), Madurai is
directed to dispose the case in C.C.No.8 of 2018 within a period of
six months from the date of receipt of a copy of this order.
2. The petitioner is directed to raise all the points before the trial
Court.
3. The appearance of the petitioner is dispensed with before the trial
Court on all hearing dates except the following hearings:
(i) The date of furnishing copies under Section 207
Cr.P.C, and initial questioning to answer the charges;
(ii) The date of questioning under Section 313 Cr.P.C;
(iii) On the date of Judgement.
3.1. The petitioner is directed to give an undertaking in the form of
affidavit that he will be duly represented by a counsel on all
hearing dates.
3.2. The petitioner shall not dispute the identity of the witnesses.
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3.3. The petitioner shall appear before the Court in the event his
presence is insisted by the trial judge for the purpose of identification.
3.4. If the petitioner adopt 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
Consequently, connected miscellaneous petitions are closed.
07.12.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
vsg
https://www.mhc.tn.gov.in/judis
To
1. The Judicial Magistrate No.III (CCIW), Madurai
2. The Sub Inspector of Police,
CCIW(CID) Police Station,
Madurai Rural.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
4. The Section Officer,
Criminal Section(Records),
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
K.K.RAMAKRISHNAN, J.
vsg
and
Crl.M.P(MD). Nos.7985 and 7986 of 2019
07.12.2023
https://www.mhc.tn.gov.in/judis
