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M.Karunanithi vs The Deputy Superintendent Of ...
2023 Latest Caselaw 10384 Mad

Citation : 2023 Latest Caselaw 10384 Mad
Judgement Date : 14 August, 2023

Madras High Court
M.Karunanithi vs The Deputy Superintendent Of ... on 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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