Madras High Court
Elumalai 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.3389 of 2021
and Crl.M.P Nos.1966 & 1967 of 2021
1. Elumalai
2. Bhuvaneswari
.... Petitioners
vs.
1. The Inspector of Police,
Karaikkal Town Traffic Police Station,
Karaikkal, Puducherry.
2. Balakrishnan ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in C.C.No.262 of 2019 on the file
of the learned Judicial Magistrate-II, Karaikkal, Pondicherry and quash the
same.
For Petitioner : Mr.S.M.Muralidharan
For R1 : Mr.V.Balamurugane
Additional Public Prosecutor (Puducherry)
ORDER
This petition has been filed challenging the proceedings initiated by
the respondent against the petitioners in C.C.No.262 of 2019 for the offences
under Sections 279 and 304(A) of IPC
https://www.mhc.tn.gov.in/judis/
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 are
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
petitioners 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.262 of
2019 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
https://www.mhc.tn.gov.in/judis/
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 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.
22.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
rli
To
1. The Judicial Magistrate-II, Karaikkal, Pondicherry.
2. The Inspector of Police,
Karaikkal Town Traffic Police Station,
Karaikkal, Puducherry.
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.3389 of 2021
and Crl.M.P Nos.1966 & 1967 of 2021
22.02.2021
https://www.mhc.tn.gov.in/judis/
