Criminal Miscellaneous Petition seeking relaxation of appearance conditions imposed in a quashing petition. Petitioner cited treatment in Mumbai. Court dismissed the prayer, directing petitioner to file an excuse with medical certificate on the reporting day.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Thursday, the Twenty First day of June Two Thousand Eighteen
PRESENT
The Hon`ble Dr Justice G. JAYACHANDRAN
CRIMINAL MISCELLANEOUS PETITION No.8289 of 2018
IN CRL A.228/2018
NVP SHARMA, [ PETITIONER/APPELLANT/ACCUSED]
Vs
THE DEPUTY SUPERINTENDENT OF [ RESPONDENT ] POLICE, CBI/EOW/CHENNAI, (RC 6/E/2003CBI/EOW/CHENNAI).
Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition that the petitioner shall appear before the Learned Principal Judge for CBI Cases, Hyderabad on the First Monday of Every English Calendar Month at 10.30am passed in Crl.M.P.No.5563 of 2018 in C.A.No.228/2018 dated 06/04/2018 by this Hon'ble Court into for every 6 Months once from July 2018 onward.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.R.RAJARATHINAM, Advocate for the petitioner and of Mr.K.SRINIVASAN, SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, on behalf of the Respondent the court made the following order:-
Seeking to relax the condition imposed by this Court in Crl.M.P.No.5563 of 2017 in Crl.A.No.228 of 2018 dated 06.04.2018, the petitioner is before this Court with this miscellaneous petition.
2 Heard the learned counsel appearing for the petitioner as well as the learned Special Public Prosecutor.
3 The learned counsel for the petitioner submitted that the petitioner is taking treatment at Mumbai for his ailment.
4 This Court is not inclined to entertain the petition to relax the condition imposed on the accused/appellant by this Court in Crl.M.P.No. 5563 of 2017 in Crl.A.No.228 of 2018 dated 06.04.2018. If the petitioner is taking treatment at Mumbai, on the reporting day the petitioner can file petition through his counsel to excuse his presence along with medical certificate before the Court to whom he has to report. On satisfaction of the genuineness of the medical report, CBI Court, Hyderabad shall pass appropriate orders.
5 With the above observation, this Criminal Miscellaneous Petition is closed.
-sd/-
21/06/2018
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE XIV, ADDL. SPECIAL JUDGE, FOR CBI CASES, CHENNAI.
2 THE PRINCIPAL JUDGE FOR CBI CASES, HYDERABAD.
3 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.
4 THE DEPUTY SUPERINTENDENT OF POLICE, CBI/EOW/CHENNAI,
+1 C.C. to M/S.R.RAJARATHINAM Advocate on payment of necessary charges-Sr.11142
Order
in
CRL MP.8289/2018
in
CRL A.228/2018
Date :21/06/2018
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 27.06.2018
1 issue framed by the court
Whether the petitioner is entitled to relax the condition to appear before the CBI Court in Hyderabad given his treatment in Mumbai?
NVP SHARMA
THE DEPUTY SUPERINTENDENT OF POLICE, CBI/EOW/CHENNAI
G. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
