Gandhi Selvin vs State Rep. By
2023 Latest Caselaw 15959 Mad

Madras High Court

Gandhi Selvin vs State Rep. By on 8 December, 2023

                                                            1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 08.12.2023

                                                      CORAM:

                           THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN

                                            Crl.O.P.(MD) No.3441 of 2020
                                                        and
                                       Crl.M.P(MD).Nos.1837 and 1838 of 2020



                     Gandhi Selvin                                    ... Petitioner /Sole Accused



                                                                Vs.

                     1.State rep. by

                        Inspector of Police,

                        Pavoorchatram Police Station,

                        Tirunelveli District.

                        (Crime No.392 of 2016)                  ... 1st Respondent/Complainant



                     2. Mehanathan,

                         Special Sub Inspector of Police,

                         Pavoorchatram Police Station,

                         Tirunelveli District.        ... 2nd Respondent/Defacto Complainant
https://www.mhc.tn.gov.in/judis
                                                               2




                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.

                     praying to call for the records in C.C.No.87 of 2017 on the file of the

                     Learned Judicial Magistrate, Tenkasi, Tenkasi District and quash the

                     charge sheet as against the Petitioner herein.

                                        For Petitioner     : Mr.K.Veilmuthu



                                        For Respondents : Mr.M.Muthumanikkam,

                                                             Government Advocate(Crl.Side)

                                                                   for R1

                                                            ORDER

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

petitioner submitted that even though there are some arguable points in

this petition, he seeks permission of this Court 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 2017

onwards, this Court may issue a direction to the trial Court to dispose the

case within a time frame.

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

2. This Court is inclined to accept the request of the petitioner.

Hence, this petition is disposed of with the following directions:

1. The learned Judicial Magistrate, Tenkasi, Tenkasi District, is

directed to dispose the case in C.C.No.87 of 2017 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.

3.3. The petitioner shall appear before the Court in the event his

presence is insisted by the trial judge for the purpose of https://www.mhc.tn.gov.in/judis

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 667.

Consequently, connected miscellaneous petitions are closed.

                                                                                08.12.2023

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

                     vsg

                     To

                     1. The Judicial Magistrate,
                        Tenkasi, Tenkasi District.

                     2.The Inspector of Police,
                       Pavoorchatram Police Station,
                       Tirunelveli District.

3.The Additional Public Prosecutor, 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.1837 and 1838 of 2020

08.12.2023

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