Madras High Court
Ilayaraja vs The Inspector Of Police on 2 August, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
CRL.O.P No.9935 of 2018
and
Crl.M.P Nos.5086 & 5087 of 2018
Ilayaraja ...Petitioner
Vs.
1. The Inspector of Police,
E-8, Kelambakkam Police Station,
Kancheepuram District.
Crime No.61 of 2011
2. S.T.Ponsubbaiah .. Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records relating to the case in
PRC No.36 of 2011 on the file of the learned Judicial Magistrate-I,
Chengalpet, Kancheepuram District and quash the same insofar as the
petitioner is concern.
For Petitioner : Mr.Mohammed Riyaz
For Mr.R.Sasikumar
For Respondent : Mr.A.Gopinath
Government Advocate
(Crl. side)
https://www.mhc.tn.gov.in/judis/
2
ORDER
This petition has been filed challenging the proceedings initiated
by the respondent against the petitioner under Sections 366, 376 read
with Section 109 of IPC.
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 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 they shall be represented by a counsel, who shall
cross examine the witnesses on the same day, they are examined in
https://www.mhc.tn.gov.in/judis/
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.36
of 2011 as expeditiously as possible. 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 PRADESH VS. SHAMBHU NATH
SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous
petitions are also closed.
02.08.2021
Index: Yes/No
Internet: Yes/No
rli
https://www.mhc.tn.gov.in/judis/
M.DHANDAPANI.J,
rli
To
1. The Judicial Magistrate-I, Chengalpet,
Kancheepuram.
2. The Inspector of Police,
E-8, Kelambakkam Police Station,
Kancheepuram District.
3. The Public Prosecutor,
High Court, Madras.
CRL.O.P No.9935 of 2018
and
Crl.M.P Nos.5086 & 5087 of 2018
02.08.2021
https://www.mhc.tn.gov.in/judis/
