CRL MP(MD) No.932 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Friday, the Twentieth day of January Two Thousand and Twenty Three

PRESENT

The Hon`ble Mr.Justice K.MURALI SHANKAR

CRL MP(MD) No.932 of 2023

IN

CRL OP(MD) No.1011 of 2023

M.MAHALINGAM

... PETITIONER/ACCUSED 4

Vs

1 THE INSPECTOR OF POLICE

ALL WOMEN POLICE STATION,

USILAMPATTI,

MADURAI DSITRICT.

CR.No.19/2022

... 1^st RESPONDENT/COMPLAINANT

2 MUTHUKANI

... 2^nd RESPONDENT/DEFACTO

COMPLAINANT

Petition filed praying that in the circumstances stated therein

and in the petition filed therewith the High Court may be pleased to

Dispense with the personal appearance of the Petitioner in CC.No.285

of 2022 on the file of the District Munsif cum Judicial Magistrate

No.I,Usilampatti pending disposal of the above Quash Petition.

Prayer in CRL OP(MD). 1011/ 2023 :

To call for the records relating to CC.No.285 of 2022 on the

file of the District Munsif cum Judicial Magistrate No.I,

Usilampatti and quash the same against the Petitioner.

Order : This petition coming up for orders on this day, upon

perusing the petition filed in support thereof and upon hearing the

arguments of M/S.KUMARAVEL K, Advocate for the petitioner and of

Mr.M.MUTHUMANIKKAM, Government Advocate (criminal side) on behalf of

the Respondent, the court made the following order:-

Considering the facts and circumstances of the case, the

personal appearance of the petitioner before the trial Court is

ordered to be dispensed with, on conditions that he 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 he

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CRL MP(MD) No.932 of 2023

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 same day they are examined in chief. The petitioner

shall not dispute the identity of the witnesses. The petitioner

shall appear before the Court in the event his presence is insisted

by the trial judge for the purpose of identification. If the

petitioner adopts 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.

sd/-

20/01/2023

/ TRUE COPY /

/02/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

DAS

TO

1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE NO.I,

USILAMPATTI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE

ALL WOMEN POLICE STATION,

USILAMPATTI,

MADURAI DSITRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI.

+1CC TO MR. KUMARAVEL K, Advocate SR.No.920

ORDER

IN

CRL MP(MD) No.932 of 2023

IN

CRL OP(MD) No.1011 of 2023

Date :20/01/2023

SA/VR/SAR.4/01.02.2023/2P/6C

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