Madras High Court
R.Karthik Sekar vs The Inspector Of Police on 22 February, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.3494 of 2021
and Crl.M.P Nos.2028 & 2029 of 2021
R.Karthik Sekar
.... Petitioner
vs.
1. The Inspector of Police,
Central Crime Branch-Team -II,
Vepery, Chennai-7.
Crime No.275 of 2014.
2. K.Sivanathan ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in pertaining to the proceedings in
CC.No.2251 of 2017 on the file of the learned Metropolitan Magistrate, CCB
Cases, Egmore, Chennai pertaining to the case in Crime No.275 of 2014 on
the file of the first respondent and quash the same, in respect of the
petitioner/15th accused.
For Petitioner : Mr.R.Chakkaravarthy
For R1 : Mr.C.Raghavan
Government Advocate (Criminal Side)
ORDER
This petition has been filed challenging the proceedings initiated by
the respondent against the petitioner in C.C.No.2251 of 2017 for the offences
under Sections 408, 420, 477A, and 34 IPC and Sections 467, 468, 471 and
https://www.mhc.tn.gov.in/judis/
420 of IPC read with Section 120(b) 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 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 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 judgment.
4. Accordingly, this Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings in CC No.2251 of
https://www.mhc.tn.gov.in/judis/
2017 within a period of six 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 petitions are also closed.
22.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
rli
To
1. The Metropolitan Magistrate,
CCB Cases, Egmore, Chennai
2. The Inspector of Police,
Central Crime Branch-Team -II,
Vepery, Chennai-7.
3. The Public Prosecutor,
High Court of Madras,
Madras.
https://www.mhc.tn.gov.in/judis/
N. ANAND VENKATESH, J.
rli
Crl.O.P No.3494 of 2021
and Crl.M.P Nos.2028 & 2029 of 2021
22.02.2021
https://www.mhc.tn.gov.in/judis/
