Madras High Court
S.Mukanchand Bothra(Died) vs The Inspector Of Police on 2 March, 2023
Crl.OP.No.28483 of
2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.28483 of 2015
1.S.Mukanchand Bothra(died)
2. M. Sandeep Bothra ... Petitioners
Vs.
1. The Inspector of Police,
W-10 Flower Bazaar Police Station,
Chennai – 600 001.
2.Meena @ Meenakshi
(Impleaded as per orders dated 17.08.2022 in Crl.M.P.No.11388 of 2022 in
Crl.O.P No. 28483 of 2015.)
... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.,
pleased to call for the entire records pertaining to the charge sheet in C.C
No.2994 of 2013 pending on the file of the learned III Metropolitan
Magistrate, George Town, Chennai, and to quash the same.
For Petitioner : Mr.M.Gagan Bothra, (Party in person)
For R1 : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl. Side).
For R2 : Ms.Jayashree Dharbar.
1/5
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Crl.OP.No.28483 of
2015
ORDER
This petition has been filed to to call for the entire records pertaining
to the charge sheet in C.C No.2994 of 2013 pending on the file of the
learned III Metropolitan Magistrate, George Town, Chennai, and to quash
the same.
2. On 01.11.2022, the petitioner voluntarily came forward to donate a
sum of Rs. 7.5 lakhs to the credit of The Madras Advocate's Co-operative
Society, to show his bonafide that he and his family members have always
contributed for the benevolent cause of the public and this Court also post
the matter on 10.11.2022 for reporting compliance. Thereafter on
25.01.2023 the petitioner prayed to reduce the amount from 7.5 lakhs to 5
lakhs, after considering his submission this Court reduced the amount to 5
lakhs and directed to pay the said amount on or before next hearing.
Thereafter, on 27.02.2023, the petitioner submitted that he want to
withdraw the matter and ready to face the Trial.
3. The learned counsel for the second respondent submitted that
complaint was given in the year 2013 and all these years the petitioner drag
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Crl.OP.No.28483 of
on the proceedings.
4. On perusal of the records, it reveals that from the year 2015 there is
no progress in this case. Further the petitioner voluntarily inclined to donate
a sum of Rs. 7.5 lakhs, thereafter he refused to pay a said amount. Last
occasion this Court asked the petitioner to pay a sum of Rs.10,000/- to the
legal service authority, for that the petitioner also agreed to pay a sum of
Rs.10,000/- in cash accordingly, the matter was taken up today, the
petitioner raised allegation against the second respondent counsel and not
ready to pay the said amount
5. On seeing the conduct of the petitioner, he is not inclined to obey
the order of this Court as assured earlier. On perusal of the records petitioner
neither accused in crime number but he appeared on behalf his brother
based on power of attorney given by his brother. But the accused are his
brother and father, now his father was passed away. On perusal of the
records in Crl.M.P No. 11390 of 2022 he was permitted to appear on behalf
of his brother based on the power of attorney given by his brother. The
power of attorney filed by the petitioner are as follows:
i. To instruct advocates to issue notice to my trade debtors,
rejoinders to reply notice etc.,
ii. To instruct advocate to prepare suits, complaints, affidavits
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Crl.OP.No.28483 of
counter statements, memorandum of grounds, sign vakalats etc.,
iii. To file or represent criminal complaints, petitions, plaints,
rejoinders counter etc on my behalf
iv. To take adjourments, to file proff affidavits and sign the same.
v. To appear, plead and argue both in civil and criminal matters.
vi. To appear, contest complaints, petitions, appeals, M.P's in all
te Courts which includes Hon'ble High Court, Supreme Court,
Magistrate Courts etc all over India.,
vii. To apply certified copies of any documents in any Court's and
to obtain the same.
Viii. To appear, plead and argue before this Hon'ble Court to
conduct my case on my behalf
ix. To give evidence, to mark my documents, to argue the case, to
receive any documents, copies, and judgments pronounced and I
authorize him to do the above acts which and just and necessary.
X. I hereby agree to ratify all acts, deeds and things done and
executed and performed by my power aged by virtue of this deed of
power of attorney.
6. So far, he has not engaged counsel on behalf of his brother. He is
not an advocate, all these years, he dragged on the proceedings. Moreover,
he is not a person of keeping words, nor he maintained decorum in the Court
hall always throwing allegations and causing hindrance in the court
proceedings. Furthermore as per the terms of the power of attorney he is not
yet engaged counsel on behalf of his brother. Considering the above contact
of the petitioner the order in Crl.M.P No. 11390 of 2022 is re-called.
However the petitioner wants to withdraw the case, accordingly this petition
is dismissed as withdrawn. Further the Trial Court is directed to complete
the Trial as expeditiously as possible.
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Crl.OP.No.28483 of
T.V.THAMILSELVI, J.
pbl
7. Accordingly, this Criminal original petition is dismissed.
02.03.2023
pbl
Crl.OP.No.28483 of 2015
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Crl.OP.No.28483 of
02.03.2023
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