Citation : 2023 Latest Caselaw 10384 Mad
Judgement Date : 14 August, 2023
1 of 4
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P Nos.18019, 18025 and 18034 of 2023
and Crl.MP.Nos.11910, 11914 & 11917 of 2023
M.Karunanithi
S/o.Mari .. Petitioner /Accused- 7, 12 & 10
in All WPs
.Vs.
1.The Deputy Superintendent of Police
Commercial Crime Investigation Wing
Villupuram.
2.The Inspector of Police
Commercial Crime Investigation Wing
Villupuram. (Crime No.3/2005)
3.S.Subramanian
The Deputy Registrar of Co-operative Societies
Tindivanam, Villupuram District. .. Respondents/Complainant
in All WPs
COMMON PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the C.C.Nos.24, 26 and 25 of 2011, on the file of Judicial Magistrate No.II at Tindivanam, Villupuram District.
For Petitioner : Mr.R.Thanjan
(in All Wps)
For Respondents : Mr.A.Damodaran
(in All Wps) Additional Public Prosecutor
for R1 and R2
https://www.mhc.tn.gov.in/judis 2 of 4
COMMON ORDER
These criminal original petitions have been filed to quash the proceedings in
C.C.Nos.24, 26 and 25 of 2011, pending on the file of Judicial Magistrate No.II at
Tindivanam, Villupuram District.
2.It is brought to the notice of this Court that the examination of witnesses
has already commenced and substantial number of witnesses have been recorded.
In view of the same, this Court is not inclined to entertain these quash petitions at
this stage. Considering 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 under Section 313
Cr.P.C and at the time of passing of the final judgement.
4. These Criminal Original Petitions are disposed of with a direction to the
Court below to complete the proceedings in C.C.Nos.24, 26 and 25 of 2011, 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). https://www.mhc.tn.gov.in/judis 3 of 4
5.These criminal original petitions are disposed of with the above directions.
Consequently, connected miscellaneous petitions are also closed.
14.08.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order KP
To
1.The Deputy Superintendent of Police Commercial Crime Investigation Wing Villupuram.
2.The Inspector of Police Commercial Crime Investigation Wing Villupuram. (Crime No.3/2005)
3.S.Subramanian The Deputy Registrar of Co-operative Societies Tindivanam, Villupuram District.
4.Judicial Magistrate No.II Tindivanam, Villupuram District.
5.Public Prosecutor High Court of Madras.
https://www.mhc.tn.gov.in/judis 4 of 4
N. ANAND VENKATESH,. J.
KP
Crl.O.P Nos.18019, 18025 and 18034 of 2023
14.08.2023
https://www.mhc.tn.gov.in/judis
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