Madras High Court
Balamurugan vs The State Rep. By on 2 November, 2022
Crl.O.P.(MD)Nos.10736 & 10756 of 2018
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.10736 & 10756 of 2018
and
CRL.M.P.(MD)Nos.4829, 4830, 4845 & 4846 of 2018
Balamurugan ... Petitioner in both Crl.O.Ps.
Vs.
1.The State rep. by
The Inspector of Police,
Pasuvanthanai Police Station,
Tuticorin District.
(In Crime No.90 of 2008)
2.Sudalaimani ... 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
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Crl.O.P.(MD)Nos.10736 & 10756 of 2018
C.C.Nos.44 of 2016 and 43 of 2016 on the file of the Judicial Magistrate
No.II, Kovilpatti and quash the same as against the petitioner as illegal.
(amended as per order of this Court dated 29.11.2018 in Crl.M.P.
(MD)Nos.9831 & 9832 of 2018 in Crl.O.P.(MD)Nos.10736 & 10756 of
2018)
For Petitioner : Mr.A.S.Vaigunth
For Respondents : Mr.M.Sakthikumar, - for R1
Government Advocate (Crl. side)
: died - R2
(in both Crl.O.Ps.)
COMMON ORDER
These petitions have been filed challenging the proceedings
in C.C.Nos.44 and 43 of 2016, pending on the file of the Judicial
Magistrate No.II, Kovilpatti, respectively.
2. The grounds raised by the counsel for the petitioner 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
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Crl.O.P.(MD)Nos.10736 & 10756 of 2018
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 or on the next
hearing date, after they are examined in Chief. The petitioner shall not
dispute the identity of the witnesses. The petitioner 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.
4. The learned Government Advocate (Crl. side), on
instructions, submitted that the case was pending before the Judicial
Magistrate Court No.II, Kovilpatti, and after formation of a separate
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Crl.O.P.(MD)Nos.10736 & 10756 of 2018
Court at Ottapidaram, the case files have been transferred to the file of
the Judicial Magistrate Court, Ottapidaram.
5. Accordingly, this Criminal Original Petition is disposed
of with a direction to the Court below to complete the proceedings in CC
Nos.44 and 43 of 2016 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
him 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.10736 & 10756 of 2018
To
1.The Judicial Magistrate Court,
Ottapidaram.
2. The Judicial Magistrate Court No.II,
Kovilpatti.
3.The Inspector of Police,
Pasuvanthanai Police Station,
Tuticorin District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)Nos.10736 & 10756 of 2018
N.ANAND VENKATESH, J.
rm
CRL.O.P.(MD)Nos.10736 & 10756 of 2018
02.11.2022
https://www.mhc.tn.gov.in/judis
