Dismissed

Subramanian v. The Inspector of Police

Madras HC23 Mar 2021CRL OP(MD)/4408/2021

Case brief

AI extract

What is this about?

The Madurai Bench dismissed the Criminal Original Petition filed under Section 482 CrPC to set aside the lower court's order denying exemption from appearing in person. The Court found the pending case insufficient grounds for such intervention, rejecting the plea based on the delay in disposal.

What did the court decide?

Petition to set aside the orders of the Judicial Magistrate dismissing the application for dispensing with appearance was dismissed.

Subramanian Vs The Inspector of Police — Criminal Trial and Appeal | Madras HC (2021)

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Crl.OP.(MD)No.4408 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.03.2021

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CORAM :

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THE HONOURABLE MRS. JUSTICE R. HEMALATHA

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Crl.O.P.(MD)No.4408 of 2021 and Crl.M.P(MD)No.2476 of 2021

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1.Subramanian

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2.Duraisamy @ Antony Viyagappan

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3.N.Maharajan

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4.Viswanatha Nair

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5.Sudheesh Kumar

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6.Rajesh Kannan

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7.Viswanathan ... Petitioners/Accused Vs.

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1.The State rep. by The Inspector of Police, Surandai Police Station, Surandai, Tirunelveli District. (Crime No.69 of 2020)

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2.Ganesan ... Respondents/Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the Orders, dated 14.12.2020 passed in Cr.M.P.No.2715 of 2020 in P.R.C.No.8 of 2019 by the Judicial Magistrate, Alangulam, Tenkasi District.

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For Petitioners : Mr.S.Saji Bino

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For 1st Responden : Mr. A.Robinson Government Advocate (Criminal Side)

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ORDER

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The present petition is filed by the accused in P.R.C.No.8 of 2019 to set aside the Orders, dated 14.12.2020 passed by the Judicial Magistrate, Alangulam, Tenkasi District, on the petition filed by the petitioners/Accused 5 to 7, 9 and 12, under Section 317 of the Code of Criminal Procedure.

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The learned Judicial Magistrate, Alangulam, has observed that the reason stated in the petition is not satisfactory for https://hcservices.ecourts.gov.in/hcservices/ dispensing with the appearance of the petitioner on 14.12.2020 and

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Crl.OP.(MD)No.4408 of 2021

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therefore, dismissed the petition. Subsequently, the Judicial Magistrate, Alangulam, issued a Non-Bailable Warrant against the present petitioners.

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3.It is seen from the records that P.R.C.No.8 of 2019 is pending for more than two years and in the circumstances, I do not find any reason to set aside the orders passed by the Judicial Magistrate, Alangulam, Tenkasi District.

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4.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar (CS-II)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. rm To 1.The Judicial Magistrate, Alangulam, Tenkasi District, 2.The Inspector of Police, Surandai Police Station, Surandai, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.SAJI BINO, Advocate ( SR-13397[F] dated 24/03/2021 )

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Crl.OP.(MD)No.4408 of 2021 23.03.2021

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mmp (05.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/

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2/3

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Crl.OP.(MD)No.4408 of 2021

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https://hcservices.ecourts.gov.in/hcservices/

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Subramanian v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Subramanian v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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