Madras High Court
Johnson vs The State Represented By on 9 April, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P No. 6816 of 2021
and
Crl.M.P Nos.4516 and 4517 of 2021
Johnson ...Petitioner
Vs.
1.The State Represented by
Inspector of Police,
C-3, Saibaba Colony Police Station,
Coimbatore District.
2.K.Jeayaraj ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records in
C.C.No.1242 of 2020 on the file of the Judicial Magistrate No.VII,
Coimbatore and quash the same.
https://www.mhc.tn.gov.in/judis/
2
For Petitioner : Mr.C.V.Kumar
M/s. C.Mohanraj
For Respondents : Mr.M.Mohammed Riyaz
Additional Public Prosecutor
for 1st respondent
ORDER
This petition has been filed challenging the proceedings
initiated by the respondent police against the petitioner under
Section 75(1)(c) of Tamil Nadu City Police Act, 1888, Section
506(ii) of IPC r/w Sections 28 of Arms Act, 1959 in C.C.No.1242 of
2020.
2. The grounds raised by the counsel for the petitioner are
all factual in nature and it requires appreciation of evidence and
this Court cannot decide the same in exercise of its jurisdiction
under Section 482 of Criminal Procedure Code. It is left open to
the petitioner to raise all the grounds before the Court below
and the same shall be considered on its own merits and in
https://www.mhc.tn.gov.in/judis/
accordance with law. This Court is not inclined to interfere with
the proceedings pending before the Court below.
3. The learned counsel for the petitioner requested this
Court to dispense with the presence of the petitioner. Taking into
consideration, the facts and circumstances of the case, the
presence of the petitioner is dispensed with and he shall be
represented by a counsel, who shall cross examine the witnesses
on the same day, they are examined in Chief. The petitioner
shall be present before the Court below at the time of
questioning under Section 313 Cr.P.C., and at the time of passing
of the final judgement.
4. Accordingly, this Criminal Original Petition is disposed of
with a direction to the Court below to complete the proceedings
in C.C No.1242 of 2020 within a period of six months from the
date of receipt of a copy of this order. The trial shall be
https://www.mhc.tn.gov.in/judis/
conducted on a day to day basis in accordance with the
guidelines given by Hon'ble Supreme Court reported in Vinod
Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the
petitioner adopts any dilatory tactics, it is open to the trial Court
to insist upon the presence of the petitioner and remand
him to custody as per the judgment of the Hon'ble Supreme
Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH
(JT 2001 (4) SC 3191). Consequently, connected miscellaneous
petitions are also closed.
09.04.2021
Index: Yes/No
Internet: Yes/No
msm
To
1. The Judicial Magistrate No.VII,
Coimbatore.
2. The Public Prosecutor,
High Court, Madras
https://www.mhc.tn.gov.in/judis/
M.NIRMAL KUMAR, J.
msm
CRL.O.P No. 6816 of 2021
and
Crl.M.P Nos.4516 and 4517 of 2021
17.04.2021
https://www.mhc.tn.gov.in/judis/
