Madras High Court
Arun Prakash vs The State Rep. By on 5 February, 2021
Crl.OP.No.1633 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.OP.No.1633 of 2021
and
Crl.M.P.No.960 of 2021
Arun Prakash
S/o.Haridass ... Petitioner
Vs.
1. The State rep. by
The Sub-Inspector of Police
Cyber Crime Cell
Central Crime Branch
Egmore, Chennai-8
2. Abdul Kadar Tajudeen
S/o.Abdul Kadar ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for records relating to the calendar
case in C.C.No.3317/2017 on the file of the learned Metropolitan
Magistrate, CCB & CBCID Court, Egmore, Chennai and quash the same
insofar as it relates to this petitioner.
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Crl.OP.No.1633 of 2021
For Petitioner : Mr.C.Mageshkumar
For R1 : Mr.C.Raghavan
Government Advocate (Crl. Side)
ORDER
This petition has been filed seeking to quash the proceedings
in C.C.No.3317 of 2017 pending on the file of the learned Metropolitan
Magistrate, CCB & CBCID Court, Egmore, Chennai.
2.The petitioner before this Court has been added as A3 in the
final report for the offence under Section 381, 419, 420, 465, 468, 471
IPC r/w 120(b) IPC.
3.The learned Government Advocate (Criminal Side)
submitted that there are prima facie materials against the petitioner.
4.This Court has carefully considered the submission made on
either side and also perused the materials placed on record.
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Crl.OP.No.1633 of 2021
5.The grounds that have been raised by the learned counsel for
the petitioner is purely factual in nature and this Court cannot go into the
same in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left
open to the petitioner to raise all his grounds before the Court below and
the Court below shall consider the same on its own merits and in
accordance with law.
6.The learned counsel for the petitioner requested this Court to
dispense with the presence of the petitioner considering his age. 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.
7.This Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings, within a period
of three months from the date of receipt of a copy of this order. The trial
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Crl.OP.No.1633 of 2021
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 petition is closed.
05.02.2021
Index:Yes/No
Internet:Yes/No
Speaking/non-speaking order
rm
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Crl.OP.No.1633 of 2021
To:
1.The Metropolitan Magistrate,
CCB & CBCID Court,
Egmore, Chennai.
2. The Sub-Inspector of Police,
Cyber Crime Cell,
Central Crime Branch,
Egmore, Chennai-8.
3. The Public Prosecutor,
High Court, Madras.
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Crl.OP.No.1633 of 2021
N.ANAND VENKATESH, J.,
rm
Crl.OP.No.1633 of 2021
05.02.2021
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