Mala Agarwal vs Rajiv Agarwal
2021 Latest Caselaw 12065 Mad

                                                                               Crl.O.P.Nos.2043 and 2624 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 21.06.2021

                                                              CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                               Crl.O.P.Nos.2043 and 2624 of 2018
                                   and Crl.M.P.Nos.5802, 770, 769, 5795, 1085 & 1086 of 2018


                     Mala Agarwal                           ... Petitioner in Crl.O.P.No.2043 of 2018

                     Suraj Rai                              ... Petitioner in Crl.O.P.No.2624 of 2018

                                                                Vs.


                     Rajiv Agarwal
                     S/o.Late R.G.Agarwal                   ...Respondent in both Crl.O.P.Nos.


                     Prayer:           These petitions have been filed under Section 482 of Cr.P.C.,
                     seeking to call for records in C.C.No.588 of 2017, pending on the file of the
                     learned Judicial Magistrate, Alandur, and quash the same.


                                                        For both Crl.O.P.Nos

                                       For Petitioner      : Mr.P.V.Balasubramaniam

                                       For Respondent      : M/s.R.Amizhthu



                     1/4

https://www.mhc.tn.gov.in/judis/
                                                                              Crl.O.P.Nos.2043 and 2624 of 2018



                                                             ORDER

(The Case has been heard through Video Conference)

These petitions have been filed challenging the proceedings initiated

by the respondent against the petitioners under Sections 494 and 495 r/w

Section 109 of IPC.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.Nos.2043 and 2624 of 2018

petitioners 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, these Criminal Original Petitions are disposed of

with a direction to the Court below to complete the proceedings in CC

No.588 of 2017 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 are also closed.

                     gbi                                                                21.06.2021

                     Index: Yes/ No
                     Internet: Yes/ No




https://www.mhc.tn.gov.in/judis/
                                                            Crl.O.P.Nos.2043 and 2624 of 2018



                                                                M.DHANDAPANI,J.

                                                                                        gbi




                     To

                     1.The Judicial Magistrate,
                       Alandur.

                     3.The Public Prosecutor,
                       High Court of Madras,
                       Chennai 600 104.




                                                  Crl.O.P.Nos.2043 and 2624 of 2018




                                                                              21.06.2021






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