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2022 Supreme(Mad) 8

A.D.JAGADISH CHANDIRA
Kuppannan – Appellant
Versus
Inspector of Police, Salem – Respondent


Advocates Appeared:
For the Appellant :R. Marudhachalamurthy, Advocate.
For the Respondent:S. Sugendran, Government Advocate

JUDGMENT :

Prayer: Criminal Revision is filed under Sections 397 & 401 of Criminal Procedure Code to set aside the order passed in Crl.MP.No.4717 of 2021 in C.C.No.119 of 2016 on the file of Judicial Magistrate No.IV, Salem and direct to recall the warrant by allowing this petition for the interest. (This case has been heard through Video Conference.

1. This revision has been filed seeking to set aside the order dated 10.12.2021 passed by the learned Judicial Magistrate No.IV, Salem in Crl.M.P.No.4717 of 2021 in C.C.No.119 of 2016.

2. Learned counsel for the petitioner would submit that the petitioners are accused facing Trial in C.C.No.119 of 2016 on the file of the Judicial Magistrate No.IV, Salem. When the case was listed for hearing on 06.12.2021, witness summons were pending in respect of LW1 to LW3. He would further submit that the petitioners are members of the same family and since the petitioners were having covid symptoms, they have instructed their Advocates to file a petition under Section 317 of Cr.P.C seeking to dispense with their appearance. The Trial Judge had allowed the petition on 06.12.2021 and he had adjourned the matter to the next day. Since the petitioners wer

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