C.Mahesh Kumar v. The Inspector of Police

ORDER This petition has been filed seeking quashment of proceedings in C.C.No. 467 of 2020 pending on the file of the Learned Judicial Magistrate Court No.IV, Madurai, Madurai District.

¶2When the matter is taken up for hearing the learned counsel for the petitioner submitted that eventhough 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 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 and may also pass an order of dispense with the personal appearance of the petitioner before the Trial Court.

¶3Accepting the request of the learned counsel for the petitioners, this Court is inclined to dispose the Criminal Original Petition in the following terms:

1.The Judicial Magistrate Court No.IV, Madurai, Madurai District, is directed to complete the trial in C.C.No.467 of 2020 within a period of 5 months from the date of receipt of a copy of this order.

2.The petitioner is permitted 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 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, the connected criminal miscellaneous petitions are closed.

31.10.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No dss To

¶1The Judicial Magistrate No.IV, Madurai, Madurai District

¶2The Inspector of Police, Subramaniapuram Police Station, Madurai City.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN, J. dss Crl.O.P(MD).No.11307 of 2020 and Crl.M.P(MD).Nos.5160 and 5162 of 2020

31.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.10.2023 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P(MD).No.11307 of 2020 and Crl.M.P(MD).Nos.5160 and 5162 of 2020 1. C.Mahesh Kumar 2. Ramkumar @ Surat kumar ... Petitioners/Accused No.3 & 5 Vs. 1. The State Rep. by The Inspector of Police, Subramaniapuram Police Station, Madurai City. (Crime No.1305 of 2016) ... Respondent/Complainant 2. Sivaananth ... Respondent/Defacto-complainant PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records pursuant to the Charge Sheet in C.C.No.467 of 2020 pending on the file of the learned Judicial Magistrate Court No.IV, Madurai, Madurai District and quash the same in so far as the petitioners are concerned. For Petitioners : Mr.C.Senthil Murugan For R1 : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) For R2 : Mr.C.Muthusaravanan