V.Rajkumar v. The State of Tamil Nadu
Case brief
What is this about?
Dispensation of personal appearance in criminal trial; conditional exemption from attending hearings; Section 313 Cr.P.C. appearance; affidavit undertaking by accused; counsel to cross-examine prosecution witnesses same day as examination-in-chief; non-dispute of witness identity; appearance for identification when insisted by trial judge; dilatory tactics penalised per State of Uttar Pradesh v. Shambunath Singh 2001 (4) SCC 667; C.C. No. 3 of 2023 Judicial Magistrate Vilathikulam; Crime No. 10 of 2022 AWPS-Vilathikulam Police Station Thoothukudi; CRL MP(MD) No. 14056 of 2024 in CRL OP(MD) No. 22510 of 2024; Madurai Bench of Madras High Court; Justice M. Nirmal Kumar; order dated 30-01-2025.
What did the court decide?
Personal appearance of the petitioner in C.C. No.3 of 2023 before the Judicial Magistrate, Vilathikulam dispensed with, subject to conditions: appearance at initial questioning, Section 313 Cr.P.C. proceedings, judgment, and hearings specifically directed by the trial court; affidavit undertaking of continuous counsel representation and same-day cross-examination; no dispute as to identity of witnesses; appearance whenever insisted upon for identification; liability to be dealt with per State of U.P. v. Shambunath Singh on dilatory tactics.