P.Mylswami vs The Inspector Of Police
2021 Latest Caselaw 12456 Mad

                                      1
       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                              DATED: 25.06.2021

                                  CORAM

      THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                        CRL.O.P No.14 of 2018
                                 and
                       Crl.M.P Nos.2 & 3 of 2018

P.Mylswami                                            ...Petitioner
                                     Vs.

The Inspector of Police,
District Crime Branch,
Tiruppur,
Crime No.1 of 2002                                           .. Respondent

PRAYER :       Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records in C.C.No.125
of 2017 on the file of the learned learned Judicial Magistrate-I,
Udumalpet and quash the same.


             For Petitioner               : Mr.S.Jayakumar
             For Respondent               : Mr.E.Pratap
                                            Government Advocate
                                             (Crl. side)



                                              ORDER

This petition has been filed challenging the proceedings initiated

by the respondent against the petitioners under Sections 468, 471, 477

and 409 of IPC.

2. The grounds raised by the counsel for the petitioner 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 petitioner. Taking into consideration,

the facts and circumstances of the case, the presence of the petitioner 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 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.125

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.

25.06.2021 Index: Yes/No Internet: Yes/No rli M.DHANDAPANI.J,

rli

To

1. The Judicial Magistrate-I, Udumalpet.

2. The Inspector of Police, District Crime Branch, Tiruppur,

3. The Public Prosecutor, High Court, Madras.

CRL.O.P No.14 of 2018 and Crl.M.P Nos.2 & 3 of 2018

25.06.2021