Madras High Court
R.Prakash vs The Inspector Of Police on 8 March, 2021
Crl.O.P.No.4365 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.03.2021
Coram
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.4367 of 2021
and Crl.M.P.Nos.2812 & 2813 of 2021
1. R.Prakash
2. P.vijayalakshmi
...Petitioners
Versus
1. The Inspector of Police,
Shevapet Police Station,
Salem.
2. D.K.Ravikumar
...Respondents
This Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code praying to call for the records in PRC.No.22 of 2019
pending on the file of the learned Judicial Magistrate, Additional Mahila
Court, Salem and quash the proceedings.
For Petitioners : Mr.S.Jeyakumar
For Respondent : Mr.C.Raghavan R1
Government Advocate
(Crl. Side)
ORDER
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.4365 of 2021
This petition has been filed challenging the proceedings initiated by
the respondent against the petitioners under Sections 498(A) and 304(b) of
IPC and Section 4 of Dowry Prohibition Act, 1961.
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 are
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
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.4365 of 2021
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. The
Court below is directed to commit the proceedings before the concerned
Court within a period of four weeks from the date of receipt of a copy of
this order. The trial Court shall complete the proceeding in PRC.No.22 of
2019 within a period of four months thereafter. 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 petitioners adopt any dilatory tactics, it is open to
the trial Court to insist upon the presence of the petitioners 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/
Crl.O.P.No.4365 of 2021
rli
Index : Yes/No
Speaking Order (or) Non-Speaking Order
rli
To
1. The Inspector of Police,
Shevapet Police Station,
Salem.
2. The Judicial Magistrate,
Additional Mahila Court, Salem
3. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.4367 of 2021
and Crl.M.P.Nos.2812 & 2813 of 2021
08.03.2021
https://www.mhc.tn.gov.in/judis/
