Madras High Court
P. Parthiban vs State Represented By on 25 June, 2021
CRL.O.P No.4438 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
CRL.O.P No.4438 of 2018
and
Crl.M.P.No.2109 of 2018
P. Parthiban ...Petitioner
Vs.
State Represented by
Inspector of Police,
CSCID, Vellore. .. Respondent/Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records in C.C.No.21 of
2018 on the file of the learned Judicial Magistrate IV, Vellore and quash
the same.
For Petitioners : Mr.T. Sundari
For Respondent : Mr.C.E. Pratap
Government Advocate
ORDER
This petition has been filed challenging the proceedings initiated
by the respondent against the petitioners under Sections 6(3) of TNSC
(RDCS) Order 1982 r/w Section 7(i) a(ii) of the Essential Commodities
Act 1955.
https://www.mhc.tn.gov.in/judis/
CRL.O.P No.4438 of 2018
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 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. 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 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
https://www.mhc.tn.gov.in/judis/
CRL.O.P No.4438 of 2018
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 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 closed.
25.06.2021
Index: Yes/No
Internet: Yes/No
smn
To
1. The Judicial Magistrate IV, Vellore
2. The Public Prosecutor,
High Court, Madras
https://www.mhc.tn.gov.in/judis/
CRL.O.P No.4438 of 2018
M.DHANDAPANI.J,
smn
CRL.O.P No.4438 of 2018
and
Crl.M.P.No.2109 of 2018
25.06.2021
https://www.mhc.tn.gov.in/judis/
