Madras High Court
K.Murugan vs R. Sridevi on 14 July, 2021
1 Crl.O.P.No. 5094 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
CRL.O.P No. 5094 of 2017
and Crl.M.P No.3787 of 2017
K.Murugan ...Petitioner
Versus
R. Sridevi ... Respondent
Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to withdraw M.C.No. 3 of 2014 pending on the file of the
Additional Family Court, Cuddalore and transfer the same to be tried and
disposed of jointly along with FCOP.No.16 of 2017 pending on the file of the
Family Court, Vellore.
For Petitioner : Mr. Pass Associates
For Respondent : Mr.B.Harikrishnan
---------
ORDER
This petition has been filed to withdraw M.C.No. 3 of 2014 pending
on the file of the Additional Family Court, Cuddalore and transfer the same
to be tried and disposed of jointly along with FCOP.No.16 of 2017 pending
on the file of the Family Court, Vellore.
https://www.mhc.tn.gov.in/judis/
2. The grounds raised by the counsel for the petitioner are all factual in
nature 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. Hence, this
Court is not inclined to interfere with the proceedings pending before the
Court below.
3. The learned counsel for the petitioner requested this 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
https://www.mhc.tn.gov.in/judis/
direction to the Court below to complete the proceedings in M.C No.3 of
2014 and FCOP.No.16 of 2017 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 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 petition is also closed.
14.07.2021
Index: Yes/No
Internet: Yes/No
msm
To
1. The Additional Family Court, Cuddalore.
2. The Family Court, Vellore.
3. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
V.BHAVANI SUBBAROYAN, J.
msm
CRL.O.P No. 5094 of 2017
and
Crl.M.P No.3787 of 2017
14.07.2021
https://www.mhc.tn.gov.in/judis/
