Madras High Court
Kolandayal vs The State Rep. By on 29 January, 2021
Crl. OP No.1209 of 2021
and Crl. MP Nos.734 & 735 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl. OP No.1209 of 2021
and Crl. MP Nos.734 & 735 of 2021
Kolandayal ... Petitioner/Accused-3
vs.
The State rep. by,
Inspector of Police,
CSCID, Erode.
(Crime No.17 of 2017) ... Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records pertaining to the Charge Sheet in
C.C.No.58 of 2018 on the file of Judicial Magistrate No.III, Erode and
quash the same as illegal, incompetent by allowing Criminal Original
Petition.
For Petitioner : Mr. T.Ganesan
For Respondent : Mr.C.Raghavan,
Government Advocate (Crl. Side)
ORDER
This petition has been filed seeking to quash the proceedings in
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1209 of 2021
and Crl. MP Nos.734 & 735 of 2021
C.C.No.58 of 2018 pending on the file of Judicial Magistrate No.III, Erode.
2. 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 these grounds before the Court below and the Court
below shall consider the same on its own merits and in accordance with law.
3. The learned counsel for the petitioner requested this Court to
dispense with the presence of the petitioner. The presence of the petitioner
is dispensed with and she 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 judgment.
4. 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 shall be
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1209 of 2021
and Crl. MP Nos.734 & 735 of 2021
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 her 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.
29.01.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
jv
To
1. The Judicial Magistrate No.III,
Erode.
2. The Inspector of Police,
CSCID, Erode.
3. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1209 of 2021
and Crl. MP Nos.734 & 735 of 2021
N. ANAND VENKATESH, J.
jv
Crl. OP No.1209 of 2021
and Crl. MP Nos.734 & 735 of 2021
29.01.2021
https://www.mhc.tn.gov.in/judis/
