Syed Hussain vs State Rep By Inspector Of Police
2023 Latest Caselaw 10375 Mad

                                                                                     Crl.O.P.No.17342 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 14.08.2023

                                                          CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.17342 of 2023
                                               and Crl.M.P.No.11229 of 2023

                    Syed Hussain                                     .. Petitioner

                                                            Versus

                    State rep by Inspector of Police,
                    Food Safety Officer,
                    Code No.528, Tondiarpet Zone,
                    Tamil Nadu Food Safety Wing,
                    Tamil Nadu Designated officer office,
                    No.33, West jones Road, Saidapet,
                    Chennai - 15.                                    .. Respondent

                    Prayer : Criminal Original Petition filed under Section 482 of the Code of
                    Criminal Procedure, to call for records in C.C.No.739 of 2023 on the file of
                    learned XV Metropolitan Magistrate, George Town, Chennai, to quash the
                    same.

                                     For Petitioner      : Mr.S.Suresh

                                     For Respondent : Mr.A.Damodaran,
                                                 Additional Public Prosecutor




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                                                                                  Crl.O.P.No.17342 of 2023




                                                          ORDER

This petition has been filed seeking to quash the C.C.No.739 of 2023

on the file of learned XV Metropolitan Magistrate, George Town, Chennai.

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 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, they are examined in Chief. The

petitioner shall be present before the Court below at the time of questioning

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

Crl.O.P.No.17342 of 2023

under Section 251 of Cr.P.C., at the time of questioning under Section 313

of Cr.P.C., and at the time of passing of the final judgment.

4. Accordingly, this Criminal Original Petition is disposed of with a

direction to the Court below to complete the proceedings in C.C.No.739 of

2023 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 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

petition is closed.

                                                                                          14.08.2023
                                                                                              (1/4)
                    Index       : yes/no

Speaking order/Non-speaking order Neutral Citation : yes/no grs

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

Crl.O.P.No.17342 of 2023

N.ANAND VENKATESH, J.

grs

To

1. The XV Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, Food Safety Officer, Code No.528, Tondiarpet Zone, Tamil Nadu Food Safety Wing, Tamil Nadu Designated officer office, No.33, West jones Road, Saidapet, Chennai - 15.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.17342 of 2023 and Crl.M.P.No.11229 of 2023

14.08.2023 (1/4)

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