Madras High Court
Rajasekar 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.4348 of 2021
and
Crl.M.P Nos.2780 & 2781 of 2021
Rajasekar ...Petitioner
Vs.
1. The State Rep. By
Inspector of Police,
Central Crime Branch-III,
Vepery, Chennai-7.
2. Sunil kumar Handa
.. Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the entire records in CC.No.5303 of
2020 on the file of the learned Metropolitan Magistrate, Special court to
try the CCB & CBCID Cases, Egmore, Chennai and quash the same.
For Petitioner : Mr.S.Arivazhagan
For Respondents : Mr.C.Raghavan R1
Government Advocate
(Crl. Side)
ORDER
https://www.mhc.tn.gov.in/judis/
This petition has been filed challenging the proceedings initiated
by the respondent against the petitioner under Sections 465, 467, 468,
420 & 471 of IPC read with Section 120(b) 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.287
of 2020 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
Index: Yes/No
Internet: Yes/No
rli
N.ANAND VENKATESH.J.,
https://www.mhc.tn.gov.in/judis/
rli
To
1. The Metropolitan Magistrate,
Special court to try the CCB & CBCID Cases,
Egmore, Chennai
2.The State Rep. By
Inspector of Police,
Central Crime Branch-III,
Vepery, Chennai-7.
3. The Public Prosecutor,
High Court, Madras
CRL.O.P No.4348 of 2021
and
Crl.M.P Nos.2780 & 2781 of 2021
08.03.2021
https://www.mhc.tn.gov.in/judis/
