Madras High Court
James vs The State Rep. By on 2 November, 2022
Crl.O.P.(MD)Nos.16602 & 8732 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P.(MD)Nos.16602 & 8732 of 2017
and
CRL.M.P.(MD)Nos.5915, 5916, 10975 & 10976 of 2017
1.James
2.K.Sathyamoorthy
...Petitioners in CRL.O.P.(MD)No.16602 of 2017
P.Krishnamoorthy ...Petitioner in CRL.O.P.(MD)No.8732 of 2017
Vs.
1.The State rep. by
The Inspector of Police,
C.S.C.I.D. Police,
Madurai,
Madurai District.
(In Crime No.153 of 2015)
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Crl.O.P.(MD)Nos.16602 & 8732 of 2017
2.S.Iyyappan
Regional Manager,
Tamil Nadu Civil Supplies Corporation,
Madurai Region,
Kuruvikaran Salai,
Madurai - 20. ... Respondents in both Crl.O.Ps.
COMMON PRAYER : Criminal Original Petitions filed under Section
482 of Cr.P.C., to call for the records pertaining to the charge sheet in
C.C.No.44 of 2016 on the file of the Judicial Magistrate No.III, Madurai
and quash the same as against the petitioners as illegal.
For Petitioners in
CRL.O.P.(MD)No.16602 of 2017 : Mr.S.M.A.Jinnah
For Petitioner in
CRL.O.P.(MD)No.8732 of 2017: Mr.S.Saravanakumar
For Respondents : Mr.M.Sakthikumar, - for R1
Government Advocate (Crl. side)
: Mr.H.Arumugam - R2
(in both Crl.O.Ps.)
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Crl.O.P.(MD)Nos.16602 & 8732 of 2017
COMMON ORDER
These petitions have been filed challenging the proceedings
in C.C.No.44 of 2016, pending on the file of the Judicial Magistrate
No.III, Madurai.
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 and permit them to
be represented through a counsel before the Court below.
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Crl.O.P.(MD)Nos.16602 & 8732 of 2017
4. Considering the said submission and 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 or on the next
hearing date, after they are examined in Chief. The petitioners shall not
dispute the identity of the witnesses. The petitioners shall be present
before the Court below as and when directed by the Court below and
shall be present at the time of questioning under Section 313(1)(b) Cr.P.C
and at the time of passing of the final judgment.
5. Accordingly, this Criminal Original Petition is disposed
of with a direction to the Court below to complete the proceedings in
C.C.No.44 of 2016 within a period of six 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 petitioners adopt any dilatory tactics, it is open to the trial
Court to insist upon the presence of the petitioners and remand them
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Crl.O.P.(MD)Nos.16602 & 8732 of 2017
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.
02.11.2022
Index: Yes/No
Internet: Yes/No
rm
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Crl.O.P.(MD)Nos.16602 & 8732 of 2017
To
1.The Judicial Magistrate No.III,
Madurai.
2. The Inspector of Police,
C.S.C.I.D. Police,
Madurai,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)Nos.16602 & 8732 of 2017
N.ANAND VENKATESH, J.
rm
CRL.O.P.(MD)Nos.16602 & 8732 of 2017
02.11.2022
https://www.mhc.tn.gov.in/judis
