Madras High Court
T. Janani vs The State Represented By Its on 14 August, 2023
Crl.O.P.No.17802 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.OP No.17802 of 2023
and Crl MP Nos.11704 & 11706 of 2023
T. Janani .. Petitioner
Vs.
1. The State represented by its
Inspector of Police,
Krishnagiri Town Police Station,
Krishnagiri District.
(Crime No.546 of 2019)
2. Ponni .. Respondents
PRAYER : This Criminal Original petition has been filed under Section 482
of Cr.PC to quash the C.C No.68 of 2023, pending on the file of Judicial
Magistrate I Krishnagiri and may pass any other order or orders as this
Hon'ble Court may deem fit and proper to the facts and circumstances of the
case.
For Petitioner : Mr. R. Venkatesan.
For Respondent : Mr.A.Damodharan
Additional Public Prosecutor
1/5
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Crl.O.P.No.17802 of 2023
ORDER
This petition has been filed challenging the proceedings
initiated by the respondent against the petitioner under Section 354A (2),
354A (3) and 67 of the Information Technology Act, 2000.
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
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Crl.O.P.No.17802 of 2023
petitioner shall be present before the Court below at the time of framing of
charge under Section 240 of Cr.PC and questioning under Section 313
Cr.P.C and at the time of passing of the final judgement.
4. Accordingly, this Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings in CC No.68 of
2018 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 petitions are also closed.
14.08.2023
Index : Yes/No
Speaking order:Yes/No
Neutral citation:Yes/No
rka
To
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Crl.O.P.No.17802 of 2023
1. Judicial Magistrate I, Krishnagiri
2. The State represented by its
Inspector of Police,
Krishnagiri Town Police Station,
Krishnagiri District.
(Crime No.546 of 2019)
3. The Public Prosecutor
Madras High Court, Madras.
N.ANAND VENKATESH, J
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17802 of 2023
rka
Crl.O.P.No.17802 of 2023
14.08.2023
https://www.mhc.tn.gov.in/judis
