Madras High Court
M.Sudhakar vs State Rep.By on 27 February, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.OP.No.3341 of 2021
and
Crl.MP.Nos.1926 and 1928 of 2021
1.M.Sudhakar
2.N.N.Pughazhendhi
...Petitioners/
Accused 2 & 3
Vs.
1.State rep.by
Inspector of Police,
Sathuvacheri Police Station,
Vellore District. 1st respondent/
Complainant
(Crime No.334/2018)
2.Ramadass ..2nd Respondent/
De facto complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records in C.C.No.193 of
2020, pending before the learned Judicial Magistrate (Additional
Mahila Court), Vellore pending trial quash the same.
https://www.mhc.tn.gov.in/judis/
2
For Petitioners : Mr.L.Mahendran
For Respondents : Mr.C.Raghavan
Government Advocate
for R 1
ORDER
This criminal original petition has been filed seeking
to quash the proceedings in C.C.No.193 of 2020, pending on the
file of the learned Judicial Magistrate (Additional Mahila Court),
Vellore.
2. The grounds raised by the learned 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.
https://www.mhc.tn.gov.in/judis/
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 petitioners 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 C.C.No.193 of 2020, on the file of the learned
Judicial Magistrate (Additional Mahila Court), Vellore, 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 the Hon'ble Supreme
Court in Vinod Kumar Vs State of Punjab reported in [2015 (1)
https://www.mhc.tn.gov.in/judis/
MLJ (Crl) 288 SC]. If the petitioners adopts any dilatory tactics, it
is open to the trial Court to insist upon the presence of the
petitioners and remand them 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
KP
https://www.mhc.tn.gov.in/judis/
To
1. The Inspector of Police,
Sathuvacheri Police Station,
Vellore District.
2.Judicial Magistrate
(Additional Mahila Court),
Vellore.
3. The Public Prosecutor,
High Court, Madras
https://www.mhc.tn.gov.in/judis/
N.ANAND VENKATESH.J.,
KP
CRL.O.P No.3341 of 2021
22.02.2021
https://www.mhc.tn.gov.in/judis/
