Madras High Court
Karpagam vs State Rep By on 4 July, 2023
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN
Crl.O.P.(MD) No.8265 of 2022
and
Crl.MP(MD)Nos.5584 and 5585 of 2022
1.Karpagam ... Petitioner/Accused No.1
Vs.
1.State rep by
The Inspector of Police,
SPE/CBI/ACB,
Madurai.
(R.C.No.229 2019 A 0015 of 2019)
... 1st Respondent/Complainant
2.Shailendra Sharma ... 2nd Respondent/Defacto complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.,
to set aside the order of learned II Additional District Judge for CBI
Cases, Madurai, dated 23.01.2021 taking cognizance for the offences
mentioned in the charge sheet in C.C.No.9 of 2021 pending on the file of
the learned II Additional District Judge for CBI Cases, Madurai.
For Petitioner : Mr.A.Robinson
for Mr.M.Saravanan
For R1 : Mr.M.Muthusaravanan
Special Public Prosecutor
https://www.mhc.tn.gov.in/judis
2
ORDER
This petition has been filed by the petitioner, who was arrayed as
first accused, to set aside the order of the learned II Additional District
Judge for CBI Cases, Madurai, dated 23.01.2021 taking cognizance for
the offences under Sections 120(B) r/w 420, 468, 471, 409 of IPC and
Sections 13(2) r/w 13(1)(d) of P.C., Act, 1988, in C.C.No.9 of 2021
pending on the file of the learned II Additional District Judge for CBI
Cases, Madurai.
2.The learned Special Public Prosecutor submitted that now, the
charge was framed and examination of witnesses has already been
commenced.
3.In view of the submission made by the learned Special Public
Prosecutor, at this stage, the petition for quashment cannot be
entertained.
4.However, considering the age of the petitioner and also
considering the specific condition of the petitioner that she donated her
Kidney to another person, the personal appearance of the petitioner
before the trial Court is hereby, ordered to be dispensed with, on
https://www.mhc.tn.gov.in/judis
conditions that she 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 she 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 date of chief examination. The petitioner
shall not dispute the identity of the witnesses. The petitioner shall appear
before the Court in the event their presence is insisted by the trial judge
for the purpose of identification. 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.
5. Accordingly, this Criminal Original Petition is dismissed with
liberty to the petitioner to raise all the contentions before the Trial Court.
Consequently, the connnected miscellaneous petitions are closed.
04.07.2023
NCC : Yes / No
Index : Yes / No
https://www.mhc.tn.gov.in/judis
Internet : Yes / No
dss
https://www.mhc.tn.gov.in/judis
K.K.RAMAKRISHNAN, J.
dss
To
1. II Additional District Judge for CBI Cases,
Madurai.
2. The Inspector of Police,
SPE/CBI/ACB,
Madurai.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD) No.8265 of 2022
and
Crl.MP(MD)Nos.5584 and 5585 of 2022
04.07.2023
https://www.mhc.tn.gov.in/judis
