Disposed

Singara Ganesan v. The Inspector of Police

Madras HC9 Sept 2024CRL MP(MD)/9369/2024

Case brief

AI extract

What is this about?

Ten petitioners sought dispensation from personal appearance before the Judicial Magistrate, Thirumayam in STC No.133/2024 while a quashing petition was pending before the High Court. The court dispensed with personal appearance subject to conditions including presence at Section 313 proceedings, judgment, and counsel undertaking to cross-examine on the same day.

What did the court decide?

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Singara Ganesan Vs The Inspector of Police — Quashing and FIR | Madras HC (2024)

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CRL MP(MD) No.9369 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Monday, the Ninth day of September Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice K.MURALI SHANKAR

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CRL MP(MD) No.9369 of 2024 in CRL OP(MD) No.14935 of 2024

1 SINGARA GANESAN

2 SANMUGANATHAN

3 AZHAGU

4 NAGARAJAN

5 KUMARAPPAN

6 MUTHALIYAPPAN

7 SOKKALINGAM

8 SETHURAMAN

9 RAMACHANDRAN S/o.KARUPPAIYA

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10 RAMACHANDRAN S/o.SUBRAMANIYAN ... PETITIONERS / PETITIONERS

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

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1/4

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CRL MP(MD) No.9369 of 2024

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1 THE INSPECTOR OF POLICE, NAMANASAMUDRAM POLICE STATION, PUDUKKOTTAI DISTRICT. (CRIME NO.79/2023) ... 1^st RESPONDENT/COMPLAINANT

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2 SIVASAKATHI VILLAGE ADMINISTRATIVE OFFICER, KOTTUR CIRCLE, THIRUMAYAM TALUK, PUDUKKOTTAI DISTRICT.

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... 2^nd RESPONDENT/ DEFACTO COMPLAINANT

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Criminal Miscellaneous 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 herein before the Learned Judicial Magistrate, Thirumayam in STC No.133/2024, pending disposal of the above Crl.OP before this Honble High Court.

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Prayer in Crl.OP(MD).14935/2024:

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Pleased to call for the records relating to the proceedings in STC No.133/2024 on the file of the learned Judicial Magistrate, Thirumayam and quash the same as against the petitioner.

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Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.MAHENDRA PATHY, Advocate for the petitioner and of Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor on behalf of the 1^st Respondent, the court made the following order:-

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Considering the facts and circumstances of the case, the personal appearance of

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the petitioners before the trial Court is ordered to be dispensed with, on conditions

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that they shall appear at the time of initial questioning, proceedings under Section

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313 of Cr.P.C., and at the time of passing judgment and on the hearings, specifically https://www.mhc.tn.gov.in/judis

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CRL MP(MD) No.9369 of 2024

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directed by the trial court. The petitioners are further directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing

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dates and that the Counsel representing them will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification. If the petitioners adopt any dilatorial tactics, it is open to the Trial Court to insist for

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their appearance and deal with the petitioners 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/09/09/2024

/ TRUE COPY /

/09/2024

Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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DAS TO

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1 THE JUDICIAL MAGISTRATE, THIRUMAYAM.

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2 DO THROUGH THE CHIEF JUDICIAL https://www.mhc.tn.gov.in/judis MAGISTRATE, PUDUKOTTAI DISTRICT.

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CRL MP(MD) No.9369 of 2024

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3 THE INSPECTOR OF POLICE, NAMANASAMUDRAM POLICE STATION, PUDUKKOTTAI DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER IN CRL MP(MD) No.9369 of 2024 in CRL OP(MD) No.14935 of 2024 Date :09/09/2024

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SA/SG/SAR. /19.09.2024/4P/5C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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

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Singara Ganesan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Singara Ganesan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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