Nageshwararao vs State Represented By
2023 Latest Caselaw 10752 Mad

                                                                             Crl.O.P.No.18437 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 18.08.2023

                                                        CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                Crl.O.P.No.18437 of 2023
                                                          and
                                                Crl.M.P.No.12266 of 2023
                     1.Nageshwararao
                       S/o.Subramani

                     2.Sudhakar
                       S/o.Munusamy                                            ... Petitioners
                                                           Vs.

                     1.State represented by
                       The Sub-Inspector of Police,
                       Manalurpet Police Station,
                       Thirukoilur Taluka,
                       Kallakurichi District.
                       Crime No.60 of 2020

                     2.Babu                                                    ... Respondents

                     Prayer:         Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to call for the records in C.C.No.65 of 2020 on the file of
                     Judicial Magistrate, Thirukoilur and quash the same.


                                      For Petitioners   : Mr.C.Prabhu

                                      For Respondents : Mr.A.Damodaran
                                                        Additional Public Prosecutor [R1]
                                                         *****

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                                                                                  Crl.O.P.No.18437 of 2023

                                                          ORDER

This Criminal Original Petition has been filed seeking to quash the

proceedings in C.C.No.65 of 2020 pending on the file of Judicial

Magistrate, Thirukoilur.

2. The grounds raised by learned counsel for petitioners 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 petitioners 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. Learned counsel for petitioners requested this Court to dispense

with the presence of the petitioners. Taking into consideration, the facts

and circumstances of the case, the presence of the petitioners is

dispensed with and they shall be represented by a counsel, who shall

cross examine the witnesses on the same day, they are examined in Chief.

The petitioners shall appear before the Court below as and when

required. That apart, the petitioners shall be present before the Court

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Crl.O.P.No.18437 of 2023

below at the time of questioning under Section 313 Cr.P.C and at the time

of passing of the final judgment.

4. Accordingly, this Criminal Original Petition is disposed of with

a direction to the Court below to complete the proceedings in C.C.No.65

of 2020 within a period of three (3) months from the date of receipt of a

copy of this order. Consequently, connected miscellaneous petition is

closed.

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

petitioners adopt any dilatory tactics, it is open to the trial Court to insist

upon the presence of the petitioners and remand them to custody as

per the judgment of the Hon'ble Supreme Court in State of Uttar

Pradesh v. Shambhu Nath Singh (JT 2001 (4) SC 3191).

18.08.2023

Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm

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

Crl.O.P.No.18437 of 2023

N.ANAND VENKATESH, J

gm

To

1.The Judicial Magistrate, Thirukoilur.

2.The Sub-Inspector of Police, Manalurpet Police Station, Thirukoilur Taluka, Kallakurichi District.

Crime No.60 of 2020

3.The Public Prosecutor, Madras High Court.

Crl.O.P.No.18437 of 2023

18.08.2023

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