Annamalai @ Baskar (A-56) vs The State Rep.By The
2023 Latest Caselaw 11274 Mad

                                                         1 of 4

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 25.08.2023

                                                         CORAM

                                  THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                               Crl.O.P No.18156 of 2023
                                       and Crl.MP.Nos.12041 and 12042 of 2023


                1.Annamalai @ Baskar (A-56)
                  S/o.Mr.Selvaraj

                2.Sivachandiran (Age-31)
                  S/o.Annamalai @ baskar

                3.Viji @ Parvathy (Age-51)
                  W/o.Annamalai                                       .. Petitioners/Accused 1 to 3

                                                          .vs.

                1.The State rep.by the
                  Inspector of Police
                  Grand Bazar Police Station
                  Pondicherry.                                            .. Respondent/Complainant


                2.Prabhavathy
                 W/o.Vaithiyanathan                                ..Respondent/De facto Complainant



                PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
                Procedure, to call for the records in PRC No.32 of 2021 (charge sheet no.14/2021)
                pending on the file of the learned Judicial Magistrate II, Puducherry and quash the
                same.


                                        For Petitioner    : Mr.B.Balavijayan

                                        For Respondent    : Mr. M.V.Ramachandramurthy
                                                            Additional Public Prosecutor (P)
https://www.mhc.tn.gov.in/judis
                                                            for R1
                                                            2 of 4

                                                          ORDER

This petition has been filed seeking to quash the proceedings in PRC.No.32 of

2021, pending on the file of the learned Judicial Magistrate II, Puducherry.

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 they

shall be represented by a counsel, who shall cross examine the witnesses on the

same day, they are examined in Chief. All the petitioners shall be present before

the Court on the date of first hearing before the Sessions Court, on the date of

framing of charges u/s.228 Cr.PC., on the date of questioning u/s.313 Cr.PC., and at

the time of the final judgment. That apart, the 1st and 2nd petitioners shall also be

present before the Court below as and when required.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to

the Court below to complete the proceedings in PRC No.32 of 2021, pending on the https://www.mhc.tn.gov.in/judis file of the learned Judicial Magistrate II, Puducherry within a period of six months 3 of 4

from the date of receipt of 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 petitioners 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

also closed.

                                                                                          25.08.2023

                Index       : Yes/No
                Internet    : Yes/No
                Speaking Order/Non-Speaking Order
                kp

                To

                1.Inspector of Police
                  Grand Bazar Police Station
                  Pondicherry.

                2.The Judicial Magistrate II,
                  Puducherry.

                3.Public Prosecutor
                  Pondicherry.




https://www.mhc.tn.gov.in/judis
                                  4 of 4

                                           N. ANAND VENKATESH,. J.
                                                               kp




                                            Crl.OP.No.18156 of 2023




                                                        25.08.2023




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