Manoharan vs The Sub Inspector Of Police
2021 Latest Caselaw 12278 Mad

Citation : 2021 Latest Caselaw 12278 Mad
Judgement Date : 23 June, 2021

Madras High Court

Manoharan vs The Sub Inspector Of Police on 23 June, 2021

Crl.O.P.No.3618 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

Crl.O.P.No.3783 of 2018
and Crl.M.P.Nos.1731 & 1732 of 2018

1. Manoharan
2. Balaji
3. Paul Justus
4. Kamaraj
5. Raja Mohammed ... Petitioners

Vs.
The Sub Inspector of Police
Kalasapakkam Police Station,
Thiruvannamalai District.
Crime No.254 of 2014 ... Respondent

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. calling
for the records in SC.No.162 of 2015 on the file of the learned Additional
Assistant Sessions Judge, Tiruvannamalai and quash the same.

For Petitioners : Mr.R.Sankarasubbu
For Respondent : Mr.A.Gopinath
Government Advocate (Crl. side)

ORDER

This petition has been filed challenging the proceedings initiated by the

respondent against the petitioners under Sections 147, 364 (A) of IPC. https://www.mhc.tn.gov.in/judis/

Crl.O.P.No.3618 of 2018

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 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.137 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 https://www.mhc.tn.gov.in/judis/ guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State

Crl.O.P.No.3618 of 2018

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.

23.06.2021

Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

rli

1. The Sub Inspector of Police Kalasapakkam Police Station, Thiruvannamalai District.

2. The Additional Assistant Sessions Judge, Tiruvannamalai