2019 (3) TMI 1638

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....nder the caption 'for clarification' at the instance of the learned Senior Counsel appearing for the petitioner. 2. The learned Senior Counsel for the petitioner submitted that this Court, by order dated 28.02.2019, has dismissed the Criminal Original Petition and directed the learned Additional Chief Metropolitan Magistrate (Economic Offences - 1), Egmore, to expedite the trial and con....

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....e petitioner is 70 years and the same is not in dispute. But, this Court is barred under Section 362 Cr.P.C., to entertain the petitioner's plea for dispense with, after pronouncing the order on 28.02.2019. Had the Counsel been sought for dispensing with the personal appearance of the petitioner prior to the pronouncement of this order on 28.02.2019, this Court would have considered the reques....

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.... 6. The petitioner is now seeking to dispense with his personal appearance before the trial Court, which is neither a clerical nor an arithmetical error, as such, this Court is clearly barred under Section 362 Cr.P.C. Therefore, this Court is not in a position to consider the request of the petitioner at this juncture. 7. Relying upon the decision of this Court in Crl.OP(MD)No.9345 of 2017, d....

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....sation, by exercising its powers under exceptional circumstances, has extended the time limit stating that it would not be offending Section 362 Cr.P.C., but would only be securing the ends of justice. It further held that since such circumstances can occur only rarely, may be only once in a case, no successive petitions can be entertained. 10. But, the Hon'ble Supreme Court, in the decisio....