Jang Wooseok vs The State Of Tamil Nadu
2023 Latest Caselaw 10663 Mad

                                                                           Crl.O.P.No.18285 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 17.08.2023

                                                        CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.18285 of 2023
                                                        and
                                         Crl.M.P.Nos.12138 & 12139 of 2023

                Jang Wooseok
                                                                                      ...Petitioner
                                                         vs.


                The State of Tamil Nadu,
                Deputy Director,
                Industrial Safety and Health Department,
                Thiruvottiyur,
                Chennai-600 019.
                                                                                    ...Respondent

                PRAYER:
                          Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to call for the records concerned in CC.No.33 of 2023 on
                the file of the Chief Judicial Magistrate, Thiruvallur and quash the same.


                                       For Petitioner    : Mr.D.Ashok Kumar




https://www.mhc.tn.gov.in/judis
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                                                                             Crl.O.P.No.18285 of 2023


                                                       ORDER

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

concerned in CC.No.33 of 2023 on the file of the Chief Judicial Magistrate,

Thiruvallur 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, who is the Manager of the automobile

component manufacturing industry namely, DMC Automotive Pvt Limited.

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

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permitted to be represented by the counsel. The petitioner shall be present

before the Court below at the time of 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.33 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.

                                                                                       17.08.2023

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

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                                                                      Crl.O.P.No.18285 of 2023

                                                               N. ANAND VENKATESH, J.
                                                                                 nsa
                To

1.The Chief Judicial Magistrate, Thiruvallur

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

Crl.O.P No.18285 of 2023 and Crl.M.P.Nos.12138 & 12139 of 2023

17.08.2023 (2/3)

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