Madras High Court
Sivamani vs State Represented By on 25 August, 2021
Crl.O.P.No.1747 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.1747 of 2018
and Crl.M.P.No.3962 of 2019, 671 & 672 of 2018
1.Sivamani
2.Pandiyan
3.Velu ... Petitioners
Vs.
1.State Represented by
Sub-Inspector of Police,
B-8, Pullarambakkam Police Station,
Thiruvallur District.
2.Venkatesan ... Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call
for the records in C.C.No.246/2017 pending on the file of Judicial Magistrate
No.I, Thiruvallur, Thiruvallur District quash the charge sheet.
For Petitioners : Mr.R.Balakrishnan
For Respondent : Mr.C.E.Pratap
Government Advocate for R1
M/s.R.Prabakar for R2
ORDER
This petition has been filed challenging the proceedings initiated by the
respondent against the petitioner under Sections 294(b), 323, 324 of IPC read
with Section 4 of W.H.Act in Cr.No.250 of 2017.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.1747 of 2018
2. The grounds raised by the counsel for the petitioners 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 petitioners 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 petitioners requested this Court to
dispense with the presence of the petitioners. Taking into consideration, the
facts and circumstances of the case, the presence of the petitioners 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 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 CC.No.246 of 2017
as expeditiously as possible. The trial shall be conducted on a day to day basis
https://www.mhc.tn.gov.in/judis/
in accordance with the guidelines given by Hon'ble Supreme Court reported in
Crl.O.P.No.1747 of 2018
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 petitioners 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.
25.08.2021
Speaking Order/Non-speaking Order
Index :Yes/No
Internet:Yes/No
rli
To
1.Sub-Inspector of Police,
State of Tamil Nadu
B-8, Pullarambakkam Police Station,
Thiruvallur District.
2. The Judicial Magistrate No.I, Thiruvallur, Thiruvallur District.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.1747 of 2018
M.DHANDAPANI,J
rli
Crl.O.P.No.1747 of 2018
and Crl.M.P.No.3962 of 2019, 671 & 672 of 2018
25.08.2021
https://www.mhc.tn.gov.in/judis/
