Murugan vs The Inspector Of Police
2021 Latest Caselaw 13606 Mad

                                                                                 CRL.O.P No.3614 of 2018


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 08.07.2021

                                                        CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                CRL.O.P No.3614 of 2018
                                                         and
                                                Crl.M.P No.1632 of 2018

                     1. Murugan
                     2. Sangeetha                                                  ...Petitioners
                                                           Vs.

                     The Inspector of Police,
                     T-8 Muthapudupet Police Station,
                     Tiruvallur District.                         ... Respondent/Complainant


                     PRAYER :           Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, praying to call for the records and quash the
                     C.C.No.330 of 2017 pending on the file of the Judicial Magistrate,
                     Ambattur, Chennai.
                                      For Petitioners   : M/s. T.K.Ashok Kumar
                                      For Respondent    : Mr.A.Gopinath
                                                          Government Advocate (Crl. Side)




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                     CRL.O.P No.3614 of 2018




                                                           ORDER

This petition has been filed challenging the proceedings initiated

by the respondent against the petitioners under Sections 294(b), 323,

506(i) & Sec.4 of TNPHW Act 2002.

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 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

https://www.mhc.tn.gov.in/judis/ CRL.O.P No.3614 of 2018

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.330

of 2017 as expeditiously as possible. 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 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

petition is also closed.

08.07.2021

Index: Yes/No Internet: Yes/No smn

https://www.mhc.tn.gov.in/judis/ CRL.O.P No.3614 of 2018

M.DHANDAPANI.J,

smn

To

1. The Learned Judicial Magistrate, Ambattur, Chennai

2. The Inspector of Police, T-8 Muthapudupet Police Station, Tiruvallur District.

3. The Public Prosecutor, High Court, Madras

CRL.O.P No.3614 of 2018 and Crl.M.P No.1632 of 2018

08.07.2021

https://www.mhc.tn.gov.in/judis/