Madras High Court
Krishnakumari vs State Represented By on 27 July, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
CRL.O.P No.8658 of 2018
and
Crl.M.P No.4478 of 2018
1. Krishnakumari
2. Viswanathan ...Petitioners
Vs.
State Represented by
The Inspector of Police,
D4, Kuniamuthur Police Station,
Coimbatore-641 008. ( Crime No.218/16)
.. Respondent
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records in S.T.C.No.504
of 2016 on the file of the learned VII Judicial Magistrate Coimbatore and
quash the same.
For Petitioners : Mr.P. Ananda Kumar
For Respondent : Mr.A. Gopinath
Government Advocate( Crl Side)
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2
ORDER
This petition has been filed challenging the proceedings initiated
by the respondent against the petitioners under Sections 294(b) and
506(i) of I.P.C
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 petitioner shall be present before the Court below for receiving
copies under Section 207 of Cr.P.C, for framing of charges, questioning
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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 S.T.C.No.
504 of 2016 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 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 petitions is also closed.
27.07.2021
Index: Yes/No
Internet: Yes/No
smn
http://www.judis.nic.in
M.DHANDAPANI.J,
smn
To
1. Learned Judicial Magistrate VII,
Coimbatore
2. The Public Prosecutor,
High Court, Madras
CRL.O.P No.8658 of 2018
and
Crl.M.P No.4478 of 2018
27.07.2021
http://www.judis.nic.in
