V.Dwaraknath vs State Rep.By
2023 Latest Caselaw 10389 Mad

                                                          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 No.17886 of 2023
                                        and Crl.MP.Nos.11784 & 11785 of 2023


                V.Dwaraknath, A-52 Y
                S/o.Mr.Vasudevan                                             ..   Petitioner /Accused -5

                                                           .Vs.

                1.State rep.by
                 The Inspector of Police
                 Sulur Police Station
                 Sulur, Coimbatore District.                            ..1st Respondent/Complainant
                (Ref.Crime No.151/2007 dt.8.3.2007)


                2.K.Chandrasekar
                 S/o.Mr.Kangeyappa Gounder                   ..2nd Respondent/de facto Complainant



                PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
                Procedure, to call for the records and quash the proceedings in C.C.No.965 of 2017,
                on the file of the Judicial Magistrate at Sulur registered offences u/s.147, 148, 447,
                323 and 506(ii) IPC.


                                        For Petitioners    : Mr.C.Arun Kumar


                                        For Respondents    : Mr.A.Damodaran
                                                             Additional Public Prosecutor for R1




https://www.mhc.tn.gov.in/judis
                                                           2 of 4



                                                          ORDER

This criminal original petition has been filed to quash the proceedings in

C.C.No.965 of 2017, pending on the file of the Judicial Magistrate, Sulur.

2.It is brought to the notice of this Court that the trial has already

commenced and two witnesses have already been examined.

3.In view of the above, this Court is not inclined to entertain this quash

petition 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. This Criminal Original Petition is disposed of with a direction to the Court

below to complete the proceedings in C.C.No.965 of 2017, within a period of three

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 https://www.mhc.tn.gov.in/judis 3 of 4

of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH

SINGH (JT 2001 (4) SC 3191).

5.This criminal original petition is 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 Inspector of Police Sulur Police Station Sulur, Coimbatore District.

2. Judicial Magistrate, Sulur.

3.Public Prosecutor High Court of Madras.

https://www.mhc.tn.gov.in/judis 4 of 4

N. ANAND VENKATESH,. J.

KP

Crl.O.P No.17886 of 2023

14.08.2023

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