Asarap Ali vs The State Rep. By
2023 Latest Caselaw 15966 Mad

Madras High Court

Asarap Ali vs The 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.4975 of 2021
                                                      and
                                     Crl.M.P(MD).Nos.2849 and 2850 of 2021



                     Asarap Ali                                      ... Petitioner/Accused(Single)



                                                               Vs.

                     1.The State Rep. by

                        The Inspector of Police,

                         R.S.Mangalam Police Station,

                         Ramanathapuram District.

                         (Crime No.163 of 2018)          ... Respondent/Complainant



                     2. Seeniseiyathu                   ... Respondent/Defacto Complainant



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

                     praying to call for the entire records pertaining to the case in C.C.No.51
https://www.mhc.tn.gov.in/judis
                                                             2

                     of 2020 pending on the file of the learned Judicial Magistrate,

                     Thiruvadanai, Ramanathapuram District and quash the same as against

                     the petitioner.

                                       For Petitioner    : Mr.R.Anand

                                       For Respondent    : Mr.P.Kottaichamy,

                                                           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 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 2020 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 dismissed as withdrawn with the following

directions:

1. The learned Judicial Magistrate, Thiruvadanai,

Ramanathapuram District, is directed to dispose the case in

C.C.No.51 of 2020 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 https://www.mhc.tn.gov.in/judis

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 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,

Thiruvadanai, Ramanathapuram District.

2.The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, https://www.mhc.tn.gov.in/judis

Madurai.

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

K.K.RAMAKRISHNAN, J.

vsg

and Crl.M.P(MD).Nos.2849 and 2850 of 2021

08.12.2023

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