J.Joswa Ebinesar vs Mettur Taluk Cooperative Housing ...
2023 Latest Caselaw 10538 Mad

                                                                           Crl.O.P.No.18306 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 16.08.2023

                                                        CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.18306 of 2023
                                                        and
                                         Crl.M.P.Nos.12165 & 12166 of 2023


                J.Joswa Ebinesar
                                                                                      ...Petitioner
                                                         vs.


                Mettur Taluk Cooperative Housing Society Limited,
                SLMHSG.68, Opp to ESI,
                Mettur Dam 636401, Mettur Taluk,
                Salem District, Rep by its,
                Secretary Mr.M.Hariharan.
                                                                                    ...Respondent

                PRAYER:
                          Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to call for the records concerned in CC.No.8 of 2023 on the
                file of the learned Judicial Magistrate No.I, Mettur, Salem District and quash the
                same.


                                       For Petitioner    : Mr.C.Prakasam




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                                                                             Crl.O.P.No.18306 of 2023


                                                       ORDER

This Criminal Original Petition has been filed to call for the records

concerned in CC.No.8 of 2023 on the file of the learned Judicial Magistrate

No.I, Mettur, Salem District and quash the same.

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 appear before the Court below as and when required by the Court below

and during all the other times, he shall be permitted to be represented by the

counsel. The petitioner shall be present before the Court below at the time of

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questioning under Section 313 of the Code of Criminal Procedure and at the

time of 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.8 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

petitions are also closed.

                                                                                     16.08.2023

                Index      : Yes/No
                Internet   : Yes/No
                Speaking Order/Non-Speaking Order
                nsa


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                Page No.3/4
                                                                         Crl.O.P.No.18306 of 2023

                                                                 N. ANAND VENKATESH, J.
                                                                                   nsa
                To

1.The Judicial Magistrate No.I, Mettur, Salem District

2. The Public Prosecutor, Madras High Court, Chennai 600 104..

Crl.O.P No.18306 of 2023 and Crl.M.P.Nos.12165 & 12166 of 2023

16.08.2023

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