Paramathayalan vs State Represented By
2023 Latest Caselaw 11089 Mad

                                                                 Criminal Original Petition No.18849 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 23.08.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                  Criminal Original Petition No.18849 of 2023
                                                     and
                                          Crl.M.P.No.12621 of 2023
                     1.Paramathayalan
                       S/o.Murugesan

                     2.Aakash
                       S/o.Paramathayalan                                ...Petitioners

                                                          Vs
                     1.State represented by
                       The Inspector of Police,
                       S-7 Madipakkam Police Station,
                       Kilkattalai, Chennai - 600 117.

                     2.K.Sakthivel
                       S/o.Kaliyamoorthy                                 ... Respondents


                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the records relating to
                     C.C.No.422 of 2022 on the file of Judicial Magistrate II, Alandur and quash
                     the same.
                                     For Petitioners : Mr.V.Jayalakshmi
                                     For Respondents : Mr.A.Gopinath
                                                       Government Advocate [Crl.side] [R1]
                                                        *****

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                         Criminal Original Petition No.18849 of 2023

                                                          ORDER

This Criminal Original Petition has been filed seeking to quash the

proceedings in C.C.No.422 of 2022 pending on the file of Judicial

Magistrate II, Alandur.

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 Government Advocate [Crl.side], on instructions,

submitted that there are totally 11 witnesses to be examined on the side of

prosecution and out of that six witnesses have already been examined. This

is yet another ground as to why this Court is not inclined to entertain this

quash petition at this stage.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.18849 of 2023

4. Learned counsel for petitioners requested this Court to dispense

with the presence of the second petitioner. Taking into consideration, the

facts and circumstances of the case, the presence of the second petitioner is

dispensed with and he shall be represented by a counsel, who shall cross

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

second petitioner shall appear before the Court below as and when required.

That apart, 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 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.422 of

2022 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

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.18849 of 2023

N.ANAND VENKATESH, J

gm

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).

23.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

To

1.The Judicial Magistrate II, Alandur.

2.The Inspector of Police, S-7 Madipakkam Police Station, Kilkattalai, Chennai - 600 117.

3.The Public Prosecutor, High Court, Madras.

Criminal Original Petition No.18849 of 2023

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