Madras High Court
Tamilselvan vs State Rep. By on 1 February, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.O.P.(MD)No.2957 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.(MD) No.2957 of 2022
and
Crl.M.P(MD).No.2212 of 2022
Tamilselvan ... Petitioner
Vs.
State rep. By
1.The Sub-Inspector of Police,
Avaniyapuram Police Station,
Madurai City.
2.Palanikumar ...Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call further records in crime No.1141 of 2019 on the file of the
first respondent police and quash the same.
For petitioner : Mr.P.Muthusamy
For R1 : Mr.B.Nambiselvan
Additional Public Prosecutor
ORDER
This petition has been filed seeking to quash the case in
Crime No.1141 of 2019 on the file of the first respondent Police.
https://www.mhc.tn.gov.in/judis
2. The learned counsel for the petitioner submitted that the
petitioner was falsely implicated in Crime No.1141 of 2019 registered for
the offences under Section 3(2)(a), 4(20(c), 5(1)(d) and 8(b) ITP Act on
the file of the first respondent police. He further submitted that the
petitioner is an innocent person and he has been falsely implicated in this
case and he did not commit any offence as alleged by the prosecution.
3. The learned Additional Public Prosecutor appearing for
the first respondent police submitted that during the pendency of this
petition, the first respondent police has conducted the investigation and
the same was completed. He further submitted that the final report is
made ready and the same will be filed before the concerned Court within
a short time.
4. Since the final report is made ready, this Criminal
Original Petition is disposed of with a direction to the respondent police
to file a final report before the concerned Court within a period of two
weeks from the date of receipt of a copy of this order and after receiving
the final report, the concerned Court shall complete the trial process as
expedious as possible. Consequently, the connected miscellaneous
petition is closed.
https://www.mhc.tn.gov.in/judis
5. At this juncture, the learned counsel appearing for the petitioner
would submit that this Court may consider to dispense with the personal
appearance of the petitioner before the concerned court below.
6. Taking into consideration the request as made by the learned
counsel for the petitioner, the appearance of the petitioner before the trial
court is dispensed with except for his appearance for the purpose of
receiving the copy of the proceedings u/s 207 Cr.P.C., framing of
charges, questioning under Section 313 Cr.P.C. and on the day on which
judgment is to be pronounced. However, if for any particular reason, the
presence of the petitioner is necessary, the trial court, at its wisdom, shall
direct their appearance on those days.
01.02.2024
Index : Yes/No
Internet : Yes/No
tta
To
1.The Sub-Inspector of Police,
Avaniyapuram Police Station,
Madurai City.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI. J.
tta
01.02.2024
https://www.mhc.tn.gov.in/judis
