Jaikar vs The State Rep. By
2023 Latest Caselaw 11181 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 24.08.2023

                                                          CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                  Crl.O.P.No.19005 of 2023
                                            and Crl.M.P.Nos.12726 & 12727 of 2023

            1.Jaikar

            2.Sujai                                                                       ... Petitioners

                                                             Vs.

            1.The State Rep. by
              The Inspector of Police,
              Pennagaram Police Station,
              Dharmapuri District.
              (Crime No.416 of 2021)

            2.Rajammal                                                                   ...Respondents

            PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal
            Procedure, to call for the records in C.C.No.15 of 2022, on the file of the learned
            District Munsif-cum-Judicial Magistrate, Pennagaram, Dharmapuri District and quash
            the same.
                                  For Petitioners           : Mr.S.Saravana Kumar

                                  For Respondent            : Mr.A.Gopinath
                                                              Government Advocate (Crl. Side)

                                                         ORDER

https://www.mhc.tn.gov.in/judis This petition has been filed challenging the proceedings initiated by the

respondent against the petitioner under Sections 294(b), 323 and 325 of IPC.

2. The grounds raised by the counsel for the petitioner 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 petitioner 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 Government Advocate submitted that there was a case and counter

in Crime No.416 of 2021 and Crime No.417 of 2021. Both the FIRs were investigated

and final report has been filed in both the cases. Insofar as Crime No.416 of 2021 is

concerned, the same is pending in C.C.No.15 of 2022. Insofar as Crime No.417 of 2021

is concerned, the same is pending in C.C.No.137 of 2022 before the same Court.

4.In view of the above submission made by the learned Government Advocate,

both the cases will have to be tried 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

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

145.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to

the Court below to complete the proceedings in C.C.No.15 of 2022 & C.C.No.137 of

2022 on the file of learned District Munsif-cum-Judicial Magistrate, Pennagaram,

Dharmapuri District, within a period of three 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 petitions are closed.

24.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

N.ANAND VENKATESH, J

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

To

1.The District Munsif-cum-Judicial Magistrate, Pennagaram, Dharmapuri District.

2.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.19005 of 2023 and Crl.M.P.Nos.12726 & 12727 of 2023

24.08.2023

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