A. Nirmal Kumar vs The State
2021 Latest Caselaw 12690 Mad

Citation : 2021 Latest Caselaw 12690 Mad
Judgement Date : 29 June, 2021

Madras High Court

A. Nirmal Kumar vs The State on 29 June, 2021

Crl.O.P.No.2406 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

Crl.O.P.No.2406 and 2407 of 2018
and Crl.M.P.Nos.969,970, 971and 972 of 2018

1. A. Nirmal Kumar ... Petitioner in Crl.O.P.No.2406 of 2018

2.V. Sivasswamy ... Petitioner in Crl.O.P.No.2407 of 2018

Vs.
The state
Represented by the Inspector of Police
Central Crime Branch
Job Racket, Team VIII, Vepery,
Chennai – 600 007 ... Respondent in both the Crl.O.P's

Common Prayer: This Criminal Original Petition filed under Section 482
Cr.P.C. calling for the records in C.C.No.4603 of 2017 on the file of XI
Metropolitan Magistrate, Saidapet and quash the same.

For Petitioners : Mr. Ramakrishnan for M/s Waron and Sai Rams
For Respondent : MrC.E. Pratap
Government Advocate (Crl. side)

ORDER

These petitions have been filed challenging the proceedings initiated by

the respondent against the petitioners under Sections 420 and Section 10 and 24 https://www.mhc.tn.gov.in/judis/

Crl.O.P.No.2406 of 2018

(g) of the Emigration Act, 1983 r/w Section 420 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 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 C.C No.4603 of https://www.mhc.tn.gov.in/judis/ 2017 as expeditious as possible. The trial shall be conducted on a day to day

Crl.O.P.No.2406 of 2018

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.

29.06.2021

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

smn

1. The Inspector of Police Central Crime Branch Job Racket, Team VIII, Vepery,