LAWS(MAD)-2012-11-86

M. AMALAN MOSES Vs. W.ISRAVEL

Decided On November 07, 2012
M. Amalan Moses Appellant
V/S
W.Isravel Respondents

JUDGEMENT

(1.) THE Petitioner/Accused has projected the present Criminal Revision Case as against the order dated 1/10/2012 in Cr.M.P.No.10 of 2012 in C.C.No.50 of 2012 passed by the Learned Judicial Magistrate (Fast Track Court), Thoothukudi District.

(2.) IT transpires that the Learned Judicial Magistrate (Fast Track Court), Thoothukudi has dismissed Cr.M.P.No.10 of 2012 in C.C.No.50 of 2012 on 1/10/2012 inter alia observing that "this Court thinks that if the personal appearance of the Petitioner/Accused is dispensed with, he may abscond from appearing before the Court and resultantly, dismissed the petition without costs.

(3.) THE Learned Counsel for the Revision Petitioner/Accused urges before this Court that the Learned Judicial Magistrate has committed an error in dismissing Section 205 of Cr.P.C., petition viz., Cr.M.P.10 of 2012 in C.C.No.50 of 2012 (praying to dispense with the presence of the accused) and the said order is liable to be set aside by this Court, to prevent an aberration of justice.