Kumar @ Magesh vs The State
2021 Latest Caselaw 9442 Mad

                                                             1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED : 09.04.2021
                                                        CORAM:
                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI
                                              Crl.O.P.No. 1413 of 2018 and
                                             Crl.M.P.Nos.514 & 515 of 2018



                    Kumar @ Magesh                                            ... Petitioner/A15

                                                            Vs.

                    1. The State,
                       Represented by
                       The Inspector of Police,
                       Prohibition & Excise Wing,
                       Gobichettipalayam,
                       Erode District.

                    2. Manimozhi
                       Inspector of Police,
                       Prohibition & Excise Wing,
                       In Charge of Prohibition & Excise Wing,
                       Gobichettipalayam,
                       Erode.
                       (Crime No.861 of 20125)                                ... Respondents


                    Prayer:

                               Criminal Original Petition is filed under Section 482 of the Code of

                    Criminal Procedure to call for the records relating in P.R.C.No.11 of 2016

                    on the file of the Judicial Magistrate No.III, Erode and quash the same.
https://www.mhc.tn.gov.in/judis/
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                                   For Petitioner         :   Mr.M.Guruprasad

                               For Respondents            :   Mr.Shanmuga Rajeshwaran
                                                              Government Advocate
                                                              -----

                                                          ORDER

This petition has been filed challenging the proceedings initiated

by the respondent police against the petitioner for the offences under

Sections 4(1) aaa, r/w.4(1-A), 4(1)(b), (g), (h) TNP Act, 1937 and 5, 6, 7

of T.N.R.S. Rules and Sections 420, 467, 468, 471 of IPC and after

completion of investigation, the respondent police laid charge sheet

against the petitioner for the alleged offences under Sections 7, 4(1) aaa, 4

(1-A) TNP Act r/w. 5&6 TN rectified spirit Rules and 465, 468, 471, 420

of IPC r/w 149 of IPC before the learned Judicial Magistrate No.III, Erode

in PRC.No.11 of 2016.

2. The grounds raised by the learned 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 accordance with law. This Court is not inclined to https://www.mhc.tn.gov.in/judis/

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 PRC.No.11 of

2016 within a period of six months from the date of receipt of a copy of

this order. The trial shall be 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 https://www.mhc.tn.gov.in/judis/

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 Speaking Order: Yes/No msm

To

1. The Inspector of Police, Prohibition & Excise Wing, Gobichettipalayam, Erode District.

2. The Public Prosecutor, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis/

M.DHANDAPANI, J.

msm

Crl.O.P.No. 1413 of 2018 and Crl.M.P.Nos.514 & 515 of 2018

09.04.2021

https://www.mhc.tn.gov.in/judis/