Madras High Court
S.Palanivelu vs The Inspector Of Police on 3 November, 2022
Crl.O.P.(MD)Nos.16598 of 2019 & 8024 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.11.2022
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD)Nos.16598 of 2019 & 8024 of 2021
and
Crl.M.P.(MD)Nos.9844, 9845 of 2019, 4138 & 4139 of 2021
S.Palanivelu ... Petitioner in Crl.O.P.(MD)No.16598 of 2019
/ Accused No.9
Sivakumar ... Petitioner in Crl.O.P.(MD)No.8024 of 2021
/ Accused No.8
/Vs./
1.The Inspector of Police,
Civil Supply Crime Investigation Department (CSCID),
Madurai.
(Ref: Crime No.153/2015)
2.The State Rep by,
The Inspector of Police,
CCIW Department,
Madurai,
Madurai District.
(Crime No.153/15) ... 1st Respondent in both Crl.O.Ps./Complainant
2.S.Ayyappan,
The Regional Manager,
Tamil Nadu Civil Supplies Corporation Limited,
Madurai,
Madurai District. ... 2nd Respondent in both Crl.O.Ps. /
Defacto Complainant
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Crl.O.P.(MD)Nos.16598 of 2019 & 8024 of 2021
PRAYER in Crl.O.P.(MD)No.16598 of 2019:- Petition - filed under Section 482
of Criminal Procedure Code, to call for the records in C.C.No.44/2016 on the
file of the VI learned Judicial Magistrate No.II, Madurai and quash the charge
sheet and consequential all further proceedings as against the petitioner.
PRAYER in Crl.O.P.(MD)No.8024 of 2021:- Petition - filed under Section 482
of Criminal Procedure Code, to call for the records in C.C.No.44/2016 on the
file of the learned Judicial Magistrate No.III, Madurai (C.C.I.W) and quash the
same insofar as this petitioner is concerned as illegal.
For Petitioners : Mr.D.Shanmugaraja Sethupathi
(in Crl.O.P.(MD)No.16598 of 2019)
: Mr.Ajmal Khan,
Senior Counsel.
(in Crl.O.P.(MD)No.8024 of 2021)
For R1 : Mr.M.Sakthi Kumar (in both Crl.O.Ps.)
Government Advocate (Crl.Side)
For R2 : Mr.H.Arumugam
(in both Crl.O.Ps.)
COMMON ORDER
These petitions have been filed challenging the proceedings in
C.C.No.44 of 2016, pending on the file of the learned Judicial Magistrate
No.III, Madurai.
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Crl.O.P.(MD)Nos.16598 of 2019 & 8024 of 2021
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.
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.
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Crl.O.P.(MD)Nos.16598 of 2019 & 8024 of 2021
5. Accordingly, this Criminal Original Petitions are 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 issued by Hon'ble Supreme Court in Vinod Kumar Vs State of
Punjab reported in [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.
03.11.2022
Internet :Yes/No
Index :Yes/No
sm
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Crl.O.P.(MD)Nos.16598 of 2019 & 8024 of 2021
To:
1.The Judicial Magistrate No.III, Madurai.
2.The Inspector of Police,
Civil Supply Crime Investigation Department (CSCID),
Madurai.
(Ref: Crime No.153/2015)
3.The Inspector of Police,
CCIW Department,
Madurai,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)Nos.16598 of 2019 & 8024 of 2021
N.ANAND VENKATESH, J.
sm
Common Order made in
Crl.O.P.(MD)Nos.16598 of 2019 & 8024 of 2021
Dated:
03.11.2022
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