T.T.V.Bhaskaran vs The State Rep. By
2022 Latest Caselaw 13838 Mad

                                                                                 CRL.O.P.No.3267 of 2022


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 03.08.2022

                                                        CORAM:

                                      THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

                                               CRL.O.P.No.3267 of 2022 and
                                             CRL.M.P.Nos.1490 & 1492 of 2022

                     T.T.V.Bhaskaran                                              ... Petitioner
                                                        Versus
                     1.The State rep. by
                       Inspector of Police, EDF-II,
                       Team-III, Central Crime Branch,
                       Vepery, Chennai – 600 007.

                     2.Dharam Chand Jain                                          ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to call for the entire records pertaining to
                     C.C.No.5072 of 2020 on the file of CCB/CBCID, Chief Metropolitan
                     Magistrate Court, Egmore and quash the same.

                                       For Petitioner   :       Mr.K.V.Dhanapalan
                                       For R1           :       Mr.E.Raj Thilak,
                                                                Additional Public Prosecutor

                                                             *****
                                                            ORDER

This Criminal Original Petition has been filed to quash the

proceedings in C.C.No.5072 of 2020, on the file of the CCB/CBCID,

https://www.mhc.tn.gov.in/judis CRL.O.P.No.3267 of 2022

Chief Metropolitan Magistrate Court, Egmore, for offence under Sections

406 & 420 r/w 34 of IPC.

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing for the 1st respondent Police.

3.The contention raised by the learned counsel for the petitioner is

only in factual aspects. The same requires appreciation of evidence and it

cannot done at this stage. When this Court is about to dismiss the

petition, the learned counsel for the petitioner sought indulgence of this

Court to dispense with the personal appearance of the petitioner before

the trial Court.

4.In the light of the above said submission of the learned counsel

for the petitioner, the presence of the petitioner before the trial Court shall

be dispensed with provided that they shall be present for receiving the

charge sheet, for answering the charge, at the time of questioning under

Section 313 Cr.P.C, at the time of passing judgment and any other date

https://www.mhc.tn.gov.in/judis CRL.O.P.No.3267 of 2022

that may be required by the trial Court.

5.The petitioner is directed to cooperate with the trial and cross

examine the witnesses then and there without any delay.

6.This Criminal Original Petition stands dismissed accordingly.

Consequently, the connected miscellaneous petitions are closed.

03.08.2022 Index: Yes/No Internet: Yes/No

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To

1.The CCB/CBCID, Chief Metropolitan Magistrate Court, Egmore.

2.The Inspector of Police, EDF-II, Team-III, Central Crime Branch, Vepery, Chennai – 600 007.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.3267 of 2022

N.SATHISH KUMAR, J.

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CRL.O.P.No.3267 of 2022

03.08.2022

https://www.mhc.tn.gov.in/judis