Dhanagomathi vs The State Rep By
2023 Latest Caselaw 10775 Mad

                                                                            Crl.O.P.No.18527 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.18527 of 2023
                                                        and
                                              Crl.M.P.No.12327 of 2023

                1.Dhanagomathi
                2.S.Sumithra
                3.K.Annakili
                                                                                      ...Petitioners
                                                         vs.
                1.The State rep by
                  The Inspector of Police,
                  Naduveerapattu Police Station,
                  Cuddalore District 607 102

                2.Mahalakshmi
                                                                                    ...Respondents
                PRAYER:
                          Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to call for the records in charge sheet No.43 of 2023 on
                pending trial in the Court of Judicial magistrate I, Cuddalore for alleged offence
                under Section 147, 294(b), 323, 324 and 506 of IPC and quash the same.


                                       For Petitioner    : Mr.V.Rajasekar

                                       For Respondent    : Mr.A.Gopinath,
                                                           Government Advocate for R1


https://www.mhc.tn.gov.in/judis
                Page No.1/4
                                                                              Crl.O.P.No.18527 of 2023

                                                       ORDER

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

charge sheet No.43 of 2023 on pending trial in the Court of Judicial magistrate

I, Cuddalore for alleged offence under Section 147, 294(b), 323, 324 and 506 of

IPC and quash the same.

2. The grounds raised by the counsel for the 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. The learned counsel for the 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 he shall appear before the Court below as and when required by the

Court below and during all the other times, they shall be permitted to be

represented by the counsel. The petitioners shall be present before the Court

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below at the time of framing charges under Section 240 of the CrPC and at the

time of questioning under Section 313 of CrPC and also 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 Charge Sheet No.43

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

petition is also closed.

                                                                                     18.08.2023

                Index      : Yes/No
                Internet   : Yes/No

Speaking Order/Non-Speaking Order nsa

https://www.mhc.tn.gov.in/judis Page No.3/4 Crl.O.P.No.18527 of 2023

N. ANAND VENKATESH, J.

nsa To

1.The Judicial magistrate I, Cuddalore.

2.The Inspector of Police, Naduveerapattu Police Station, Cuddalore District 607 102

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

Crl.O.P No.18527 of 2023 and Crl.M.P.No.12327 of 2023

18.08.2023

https://www.mhc.tn.gov.in/judis Page No.4/4