Heard Mr.V.M.G.Ramakkannan, learned counsel for the petitioner. Though notice has been served on the respondent and his name is printed in the cause list today, none appears on his behalf.
2.The case of the petitioner is that when he was working as a Commissioner in Tambaram Municipality, on a complaint dated 16.11.2002 against the petitioner, a case in Crime No.792 of 2002 came to be registered which was later referred to as mistake of fact. As against the same, the respondent had filed a petition in Crl.O.P. No.5691 of 2003 which was also came to be dismissed. Hence, the respondent had filed a private complaint under
Section 200 Cr.P.C against the petitioner for the offences under Section 3(1)(X) of Prevention of Scheduled Caste & Scheduled Tribe Attrocities Act, 1989. According to the petitioner, the complaint was preferred with a mala-fide intention and therefore, he filed a petition under
Section 205 Cr.P.C., seeking for dispensing his personal attendance before the concerned Court. However, the learned Judicial Magistrate has not taken any steps for dispensing the personal attendance of the petitioner. Hence, the present Criminal Original Petition has been filed.
3.On a bare perusal of the facts narrated by the petitioner, it is seen that the respondent's request to take action against the petitioner was rejected twice earlier. The private complaint has been made on the same set of facts against the petitioner. When the Investigating Officer as well as this Court has already taken a prima facie view that the complaint was not bona-fide, the petitioner is justified in seeking for dispensing his personal attendance in the present complaint preferred by the respondent. The learned Judicial Magistrate cannot keep the petitioner's application under
Section 205 Cr.P.C., indefinitely without passing any orders. Hence, the petitioner is liable to succeed in the present petition.
4.In the result, the Criminal Original Petition stands allowed. The personal appearance of the petitioner in connection with the P.R.C.No.37 of 2003 on the file of the learned Judicial Magistrate, Tambaram is dispensed with till the disposal of his case. Consequently, connected Miscellaneous Petition is closed.
13.09.2017 Index:Yes/No Internet: Yes/No nl/dp To
1.The Judicial Magistrate, Tambaram
2.The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J, nl/dp Crl.O.P.No.13039 of 2017 & Crl.M.P.No.8483 of 2017 13.09.2017