G.Kamarasu vs The Inspector Of Police
2021 Latest Caselaw 4390 Mad

                                                                            Crl.OP.No.3138 of 2021


                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 19.02.2021

                                                      CORAM:

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.OP.No.3138 of 2021
                                            and Crl.MP.No.1784 of 2021

                      G.Kamarasu                                      ... Petitioner
                                                         Vs.
                      1. The Inspector of Police
                         Krishnagiri CCIW CID Unit,
                         Krishnarigi.

                      2. T.Rathinavelu,
                         The Deputy Registrar of Co-operative Societies,
                         Krishnagiri Circle,
                         Krishnagiri.                              ... Respondents
                      PRAYER: Criminal Original Petition filed under Section 482 of the
                      Code of Criminal Procedure, to call for records pertaining to the
                      charge sheet dated 06.10.2015 in C.C.No.218 of 2015 on the file of
                      Judicial Magistrate – I, Krishnagiri quash the same as illegal.
                                For Petitioner       : Mr.M.S.Palanisamy
                                For R1               : Mr.C.Raghavan
                                                       Government Advocate (Crl. Side)

                                                     ORDER

This petition has been filed seeking to quash the

proceedings in C.C.No.218 of 2015 pending on the file of Judicial

Magistrate – I, Krishnagiri.

2.The petitioner before this Court have been arrayed as

Page No.1/4

http://www.judis.nic.in Crl.OP.No.3138 of 2021

accused in the final report for an offence punishable under

Sections 408 and 477 A of IPC.

3. 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.

4. 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.

Page No.2/4

http://www.judis.nic.in Crl.OP.No.3138 of 2021

5. Accordingly, this Criminal Original Petition is disposed

of with a direction to the Court below to complete the proceedings

in C.C. No.218 of 2015 within a period of three 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

PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191).

Consequently, connected miscellaneous petition is also closed.

19.02.2021 Speaking/non-speaking order Index:Yes/No Internet:Yes/No

kal

N.ANAND VENKATESH.J

Page No.3/4

http://www.judis.nic.in Crl.OP.No.3138 of 2021

kal

To

1. The Judicial Magistrate – I, Krishnagiri

2. The Inspector of Police Krishnagiri CCIW CID Unit, Krishnarigi.

3. The Public Prosecutor, High Court, Madras.

Crl.OP.No.3138 of 2021 and Crl.MP.No.1784 of 2021

19.02.2021

Page No.4/4

http://www.judis.nic.in