Madras High Court
Shanmugasundaram vs The State Rep. By on 11 January, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P No.21168 of 2018
and
Crl.M.P Nos.9014 and 9013 of 2018
Shanmugasundaram ...Petitioner
Vs.
1. The State Rep. By
Inspector of Police,
CCB, Coimbatore City,
..1st respondent/
Complainant
2. S.Syamala ..2nd respondent /
Defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records and
quash the impunged proceedings in C.C.No.445 of 2018 on the
file of the learned Judicial Magistrate III, Coimbatore, for an
offences under Sections 420, 109 of IPC, Section 72 of
Information Technology Act as against the petitioner.
For Petitioner : C.E.Pratap
https://www.mhc.tn.gov.in/judis/
2
For Respondents : Mr.Mohammed Riyaz
Additional Public Prosecutor
for 1st respondent
ORDER
This petition has been filed challenging the proceedings
initiated by the respondent against the petitioner under Sections
420, 109 of IPC and Section 72 of Information Technology Act.
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
https://www.mhc.tn.gov.in/judis/
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.
4. Accordingly, this Criminal Original Petition is disposed of
with a direction to the Court below to complete the proceedings
in CC No.445 of 2018 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
https://www.mhc.tn.gov.in/judis/
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.
11.01.2021
Index: Yes/No
Internet: Yes/No
rka
To
1. Learned Judicial Magistrate III,
Coimbatore
2. The Public Prosecutor,
High Court, Madras
N.ANAND VENKATESH.J.,
https://www.mhc.tn.gov.in/judis/
rka
CRL.O.P No.21168 of 2018
and
Crl.M.P Nos.9014 and 9013 of 2018
11.01.2021
https://www.mhc.tn.gov.in/judis/
