Madras High Court
Kaliyamoorthi vs The State Represented By on 21 August, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P No.18238 of 2023
and
Crl.M.P Nos.12112 and 12114 of 2023
1.Kaliyamoorthi
2.Karthick
3.Ganesan
4.Saminadhan
5.Suresh
6.Subramaniyan ...Petitioners
Vs.
1.The State Represented by
The Inspector of Police,
Thoothur Police Station,
Ariyalur District. (Crime No.123 of 2021)
2.Ayyadurai ...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
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2
Criminal Procedure Code, praying to call for the entire records pertaining
in C.C.No.331 of 2022 on the file of the Learned Judicial Magistrate
No.II, Ariyalur and Quash the same.
For Petitioner : Mr.R.Gokulakrishnan
For Respondents : Mr.A.Gopinath for R1
Government Advocate (Crl. Side)
ORDER
This Criminal original petition have been filed challenging
the proceedings in C.C.No.331 of 2022 on the file of the Learned Judicial
Magistrate No.II, Ariyalur.
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.
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3. There is a case and counter and the respondent police had
investigated both the FIRs in Crime Nos.123 and 124 of 2022. On
completion of investigation, the respondent police filed a final report
and the same has been taken on file in CC No.331 and 330 of 2022
before the Judicial Magistrat II, Ariyalur. Under such circumstances, the
case has to be proceeded further in line with the judgment of the Apex
Court in Nathi Lal and others vs. State of Uttarpradesh and another
reported in 1990 (Supp) SCC 145. Hence, there is no question of
entertaining this criminal original petition.
4.Accordingly, this criminal original petition is disposed of with a
direction to the Court below to complete the proceedings in CC No.331
and 330 of 2022 , within a period of four months from the date of receipt
of a copy of this order. Consequently, connected miscellaneous petitions
are closed.
5.The learned counsel for the petitioners requested this Court to
dispense with the presence of the petitioners. Taking into consideration,
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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 petitioner 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 judgement.
6.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 petitioners 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).
21.08.2023
Index: Yes/No
Internet: Yes/No
rka/mkn-ii
https://www.mhc.tn.gov.in/judis
To
1. The Judicial Magistrate No.II,
Ariyalur.
2. The Inspector of Police,
Thoothur Police Station,
Ariyalur District.
3. The Public Prosecutor,
High Court, Madras
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH.J.,
rka/mkn-ii
CRL.O.P No.18238 of 2023
and
Crl.M.P Nos.12112 and 12114 of 2023
21.08.2023
https://www.mhc.tn.gov.in/judis
