Madras High Court
S.Natarajan vs The State Rep. By on 8 March, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P No.4350 of 2021
and
Crl.M.P Nos.2783 & 2784 of 2021
S.Natarajan ...Petitioner
Vs.
1. The State Rep. By
Inspector of Police,
Coimbatore Rural Police Station,
Coimbatore.
(Crime No.2 of 2019)
2. Selvaraja
.. Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the entire records in CC.No.2299 of
2019 on the file of the learned Judicial Magistrate IV, Coimbatore and
quash the same.
For Petitioner : Mr.S.Selvamuruan
For Respondents : Mr.C.Raghavan R1
Government Advocate
(Crl. Side)
https://www.mhc.tn.gov.in/judis/
2
ORDER
This petition has been filed challenging the proceedings initiated
by the respondent against the petitioner under Sections 408, 468, 471,
477A and 109 of IPC.
2. The grounds raised by the counsel for the petitioner is 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 petitioner. Taking into consideration,
the facts and circumstances of the case, the presence of the petitioner is
dispensed with and he shall be represented by a counsel, who shall cross
examine the witnesses on the same day, he is examined in Chief. The
petitioner shall be present before the Court below at the time of framing
https://www.mhc.tn.gov.in/judis/
of charges, questioning under Section 313 Cr.P.C and at the time of
passing of the final judgment.
4. Accordingly, this Criminal Original Petition is disposed of with
a direction to the Court below to complete the proceedings in CC
No.2299 of 2019 within a period of four 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 petitioner and remand them
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.
08.03.2021
N.ANAND VENKATESH.J.,
https://www.mhc.tn.gov.in/judis/
Index: Yes/No
Internet: Yes/No
rli
To
1. The Inspector of Police,
Coimbatore Rural Police Station,
Coimbatore.
2.The Judicial Magistrate IV,
Coimbatore.
3. The Public Prosecutor,
High Court, Madras
CRL.O.P No.4350 of 2021
and
Crl.M.P Nos.2783 & 2784 of 2021
08.03.2021
https://www.mhc.tn.gov.in/judis/
