G.Rajaraman vs The Station House Officer
2021 Latest Caselaw 15485 Mad

                                                           1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 02.08.2021

                                                       CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                CRL.O.P No.8042 of 2018
                                                         and
                                                Crl.M.P No.4134 of 2018

                     G.Rajaraman                                                   ...Petitioner
                                                          Vs.

                     1. The Station House Officer,
                     Orieanpet PS,
                     Puducherry.

                     2. M.Ramesh Babu                                             .. Respondents

                     PRAYER :           Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records relating to the PRC No.7
                     of 2014 on the file of the learned Judicial Magistrate-II, Puducherry and
                     quash the same.


                                      For Petitioner           : Mr.M.Gnanasekar
                                      For Respondent           : Mr.D.Bharatha Chakravarthy
                                                                 Additional Public Prosecutor(P)




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

This petition has been filed challenging the proceedings initiated

by the respondent against the petitioner under Sections 153(A), 201,

505(c) and 506 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

Chief. The petitioner shall be present before the Court below at the time

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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.7

of 2014 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

M.DHANDAPANI.J,

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

rli

To

1. The Judicial Magistrate-II, Puducherry.

2. The Station House Officer, Orieanpet PS, Puducherry.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P No.8042 of 2018 and Crl.M.P No.4134 of 2018

02.08.2021

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