Dismissed

M.Prakash v. the State of Tamil Nadu Rep.by

Madras HC24 Apr 2023CRL RC/612/2023

Case brief

AI extract

What is this about?

This judgment dismissed the Criminal Revision Petition as withdrawn. However, the Court dispensed with the petitioner's personal appearance, allowing representation by counsel, subject to his undertaking to appear for identification, Section 313 examination, judgment date, and cross-examination.

What did the court decide?

The Criminal Revision Petition dismissed as withdrawn; personal appearance dispensed on undertaking to appear for identification, Section 313, judgment day, and cross-examination.

M.Prakash Vs the State of Tamil Nadu Rep.by — Civil Procedure and Limitation | Madras HC (2023)

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Crl.R.C.No.612 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.04.2023

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CORAM

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.R.C.No.612 of 2023 & Crl.M.P.Nos.4629 and 4627 of 2023

M.Prakash

... Petitioner

Vs.

The State represented by, The Inspector of Police, Vigilance and Anti-Corruption, Special Investigation Cell, Chennai-16.

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(Crime No.7/2017/AC/HQ).

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... Respondent

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Prayer in Crl.R.C.No.612 of 2023: Criminal Revision Petition filed under section 397 r/w. 401 Cr.P.C., pleased to set aside the order passed in C.M.P.No.1898 of 2022 dated 13.02.2023 in Spl.C.C.No.9 of 2019 on the file of Special Judge and Chief Judicial Magistrate, Tiruvallur.

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Prayer in Crl.M.P.No.4629 of 2023: Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., pleased to dispense with my personal appearance in Spl.C.C.No.9 of 2019 on the file of Special Judge and Chief Judicial Magistrate, Tiruvallur.

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https://www.mhc.tn.gov.in/judis 1/4

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Crl.R.C.No.612 of 2023

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For Petitioner : Mr.C.Turibius Beski for Mr.T.Ravi

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For Respondent : Mr.N.S.Suganthan Government Advocate (crl.side)

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COMMON ORDER

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The learned counsel for the petitioner would submit that the Revision has been filed against dismissal of the petition filed, which was for discharge. However, he would submit that pending the revision, the Trial

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Court has now framed charges and the case now stands posted for examination of L.W.1 on 08.05.2023. He would submit that the case of the prosecution is borne out by documents and the presence of the petitioner may not be required for all hearing dates. He would further submit that this Criminal Revision Petition may be dismissed as withdrawn and he would only seek that the presence of the petitioner before the trial Court may be dispensed with.

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In reply, the learned Government Advocate (Crl.Side) would

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submit that it is a case where the witnesses have to identify the person during the course of the trial and the petitioner has to appear on the date when his

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.R.C.No.612 of 2023

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presence is required and thereby, he has raised objections.

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Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side) and perused the materials available on record.

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Consideration of the facts and circumstances and the submission

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made by the learned counsel for the petitioner, this Criminal Revision Petition is dismissed as withdrawn. However, the presence of the petitioner before the trial Court is dispensed with on condition that the petitioner shall file an affidavit of undertaking that he will be duly represented by a counsel on all hearing dates without fail and that he will appear before the Court as and when his presence is insisted by the trial Court without fail, for the purpose of identification. He shall also appear before the Court when the case is posted for questioning under Section 313 of Cr.P.C. and on the date of judgment. It is made clear that the petitioner shall cross examine the witnesses on the same day of their examination in chief. Connected Crl.M.P.No.4627 of 2023 is closed.

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24.04.2023

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https://www.mhc.tn.gov.in/judis 3/4

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3/4

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Crl.R.C.No.612 of 2023

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mpa

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A.D.JAGADISH CHANDIRA.,J.

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mpa

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The Special Judge and Chief Judicial Magistrate, Tiruvallur.

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The Inspector of Police, Vigilance and Anti-Corruption, Special Investigation Cell, Chennai-16.

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The Public Prosecutor, High Court of Madras.

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Crl.R.C.No.612 of 2023 & Crl.M.P.Nos.4629 and 4627 of 2023

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24.04.2023

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https://www.mhc.tn.gov.in/judis 4/4

M.Prakash v. the State of Tamil Nadu Rep.by

Case brief

What is this about?

What did the court decide?

M.Prakash v. the State of Tamil Nadu Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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