Madras High Court
Mary Florence vs State Represented By on 31 August, 2023
Crl.O.P.No.19416 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.19416 of 2023
and Crl.M.P.Nos.13063 and 13065 of 2023
Mary Florence .. Petitioner
Versus
1. State represented by,
The Inspector of Police,
District Crime Branch,
Thiruvannamalai.
2. The District Chief Educational Officer,
Chief Education Office,
Thiruvannamalai. .. Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for records in C.C.No.66 of 2020 on the file of
the learned Judicial Magistrate-I, Thiruvannamalai and quash the Final
Report.
For Petitioner : Mr.M.Krishnamoorthy
For Respondents : Mr.A.Gopinath,
Government Advocate (Crl. Side)
ORDER
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19416 of 2023
This petition has been filed seeking to quash the Final Report in
C.C.No.66 of 2020 on the file of the learned Judicial Magistrate No.I,
Thriuvannamalai.
2. The grounds raised by the learned 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 (Crl. Side) submitted that the
trial has already commenced and P.W.1 and P.W.2 have already been
examined and the case is posted on 11.09.2023 for the examination of the
other witnesses. This is yet another ground as to why this Court cannot
entertain this Criminal Original Petition.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19416 of 2023
4. The learned Counsel for the petitioner requested this Court to
dispense with the presence of the petitioner. Taking into consideration, the
facts and circumstances of the case, the presence of the petitioner is
dispensed with and she 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 judgment.
5. Accordingly, this Criminal Original Petition is disposed off with a
direction to the Court below to complete the proceedings in C.C.No.66 of
2020 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 the petitioner
adopts any dilatory tactics, it is open to the trial Court to insist upon the
presence of the petitioner and remand her 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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19416 of 2023
31.08.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
To
1. The Judicial Magistrate No.I,
Thiruvannamalai.
2. The Inspector of Police,
District Crime Branch,
Thiruvannamalai.
3. The District Chief Educational Officer,
Chief Education Office,
Thiruvannamalai.
4. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19416 of 2023
N.ANAND VENKATESH, J.
grs
Crl.O.P.No.19416 of 2023
and Crl.M.P.Nos.13063 and 13065 of 2023
31.08.2023
https://www.mhc.tn.gov.in/judis
