Madras High Court
Ramakrishna vs State Rep.By on 28 June, 2021
Crl.O.P.No.5021 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.5021 of 2018
and Crl.M.P.No.2506 & 2507/2018
1.Ramakrishna
2.B.RAjesh ... Petitioners
Vs.
State rep.by
Inspector of Police,
GRP Podhanur Police Station,
Podhanur.
Cr.No.185/2016 ... Respondent
Prayer:
Petition filed under Section 482 of Cr.P.C., to call for the records and
quash the final report in C.C.NO.26/2017 on the file of the Judicial
Magistrate No.IV, Coimbatore.
For Petitioners : Mr.A.Thirumaran
For Respondent : Mr.A.Gopinath, Government Advocate
(Crl.Side)
1/6
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Crl.O.P.No.5021 of 2018
ORDER
The petitioners have filed this petition seeking to call for the records
and to quash the final report in C.C.NO.26/2017, on the file of the Judicial
Magistrate No.IV, Coimbatore.
2.The case of the prosecution is that when the driver of the tipper
lorry, after unloading blue metals for on-going railway project, reversing the
lorry from the east side to the west side in a careless manner, it ran over on
the defacto complainant's child. The child had died. Hence, the defacto
complainant had lodged a police complaint. An FIR was registered and a
Charge Sheet was also filed in C.C.NO.26/2017, on the file of the Judicial
Magistrate No.IV, Coimbatore.
3.The learned counsel appearing for the petitioner submitted that they
were the railway contractors and they were no way connected with the
alleged offence and prays for quashment of C.C.NO.26/2017, on the file of
the Judicial Magistrate No.IV, Coimbatore.
4. The learned Government Advocate (Crl.Side) submitted that
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Crl.O.P.No.5021 of 2018
this issue involves adjudication on disputed question of facts and therefore,
if some outer time limit is given, the Criminal Case may be given disposal
as early as possible.
5. 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.
6. 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
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Crl.O.P.No.5021 of 2018
questioning under Section 313 Cr.P.C and at the time of passing of the final
judgement.
7. Accordingly, this Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings in
C.C.NO.26/2017, on the file of the Judicial Magistrate No.IV, Coimbatore,
as expeditiously as possible. 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 closed.
28.06.2021
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Index: Yes/ No
Internet: Yes/ No
To
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Crl.O.P.No.5021 of 2018
1.Inspector of Police,
GRP Podhanur Police Station,
Podhanur.
2.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
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Crl.O.P.No.5021 of 2018
M.DHANDAPANI,J.
sk
Crl.O.P.No.5021 of 2018
28.06.2021
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