Madras High Court
Monicasri vs The State By on 21 August, 2023
Crl.O.P.No.15752 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.15752 of 2023
and Crl.M.P.Nos.9816 and 9818 of 2023
1. Monicasri
2. M.Aruna
3. Manoharan
4. Kirubakaran
5. Kanchana
6. Manivannan
7. Jaganathan
8. Gurukadatcham .. Petitioners
Versus
1. The State by,
The Inspector of Police,
E1 Mylapore Police Station (L&O),
Chennai.
2. S.Saraswathi .. Respondents
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.1310 of 2023 pending before the learned XVIII Metropolitan
Magistrate Court, Saidapet at Chennai.
https://www.mhc.tn.gov.in/judis
1/5
Crl.O.P.No.15752 of 2023
For Petitioners : Mr.C.Ganesh Pandian
For Respondents : Mr.A.Damodaran,
Additional Public Prosecutor,
for R1
ORDER
This petition has been filed challenging the proceedings in
C.C.No.1310 of 2023 pending before the learned XVIII Metropolitan
Magistrate Court, Saidapet at Chennai.
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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15752 of 2023
3. The learned Additional Public Prosecutor, on instructions,
submitted that the trial has commenced in this case and already four
witnesses have been examined. This is yet another reason as to why this
Court is not inclined to interfere with the Final Report at this stage.
4. The learned Counsel for the petitioners requested this Court to
dispense with the presence of A2, A3 and A5. Taking into consideration, the
facts and circumstances of the case, the presence of the A2, A3 and A5 only
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. A2, A3
and A5 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 judgment.
5. Accordingly, this Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings in C.C.No.1310 of
2023 within a period of four 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 A2, A3 and A5
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15752 of 2023
adopt any dilatory tactics, it is open to the trial Court to insist upon the
presence of A2, A3 and A5 and remand them 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.
21.08.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
To
1. The XVIII Metropolitan Magistrate Court,
Saidapet, Chennai.
2. The Inspector of Police,
E1 Mylapore Police Station (L&O),
Chennai.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15752 of 2023
N.ANAND VENKATESH, J.
grs
Crl.O.P.No.15752 of 2023
and Crl.M.P.Nos.9816 and 9818 of 2023
21.08.2023
https://www.mhc.tn.gov.in/judis
