The Madurai Bench of Madras High Court disposed of a Criminal Miscellaneous Petition seeking to spare the petitioners from personally appearing before the trial court. The Court accepted the request and dispensed with their physical appearance.
Dispensation with the personal appearance of the petitioners before the trial court in CC No. 142 of 2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Twenty Sixth day of September Two Thousand Sixteen
PRESENT
The Hon`ble Mr Justice K.KALYANASUNDARAM
CRL MP(MD) No.9129 of 2016 IN
CRL OP(MD) No.18327 of 2016
1 PANDISELVAM
2 MALAIRAJ ... PETITIONERS/PETITIONERS/
ACCUSED NO.5 & 6/ACCUSED NO.10 & 12
Vs
1 THE STATE REP.BY
THE INSPECTOR OF POLICE, COMMERCIAL CRIME INVESTIGATION WING, SIVAGANGAI DISTRICT
... RESPONDENT NO.1/RESPONDENT NO.1/ COMPLAINANT/COMPLAINANT
2 A.SUNDARI, ... RESPONDENT NO.2/RESPONDENT NO.2/ DEFACTO-COMPLAINANT/DEFACTO COMPLAINANT
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to dispense with the personal appearance of the petitioners in the proceedings pending in CC NO. 142 of 2015 on the file of the Judicial Magistrate Court NO.II, Sivagangai , Sivagangai District in Crime NO. 3 of 2014 on the file of the Respondent Police and thus render justice.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.UDHAYAKUMAR, Advocate for the petitioner and of MRS.S.PRABHA, Government Advocate (Crl.Side) for the first Respondent while admitting the Criminal Original Petition the court made the following order:-
The appearance of the petitioners before the trial court is dispensed with.
/ TRUE COPY /
Madurai Bench of Madras High Court,
PJL TO 1 THE JUDICIAL MAGISTATE NO.II, SIVAGANGAI
GJM/PV/SAR-I-28.9.16-2P-5C
ORDER IN
Date :26/09/2016 (2/2)
1 issue framed by the court
Whether to dispense with the personal appearance of the petitioners in the pending criminal trial proceedings.
PANDISELVAM
MALAIRAJ
THE STATE
A. SUNDARI
K. KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
