C.Punith Raj vs V.Prasannakumari
2023 Latest Caselaw 9410 Mad

                                                                                     Crl.O.P.No.16022 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 01.08.2023

                                                           CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                  Crl.O.P.No.16022 of 2023
                                          and Crl.M.P.Nos.10035 and 10286 of 2023

                    C.Punith Raj                                     .. Petitioner

                                                            Versus

                    V.Prasannakumari                                 .. Respondent

                    Prayer : Criminal Original Petition filed under Section 482 of the Code of
                    Criminal Procedure, to call for the records and to quash the complaint in
                    S.T.C.No.3787 of 2022 on the file of the Fast Track Court No.IV
                    (Magisterial Level), George Town, Chennai.

                                      For Petitioner      : M/s.S.Haja Mohideen Gisthi


                                                          ORDER

This petition has been filed seeking to quash the complaint in

S.T.C.No.3787 of 2022 on the file of the Fast Track Court No.IV

(Magisterial Level), George Town, Chennai.

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

Crl.O.P.No.16022 of 2023

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 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 he 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 of Cr.P.C., and at the time of passing of the final

judgment.

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

direction to the Court below to complete the proceedings in S.T.C.No.3787

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

Crl.O.P.No.16022 of 2023

of 2022 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 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.

                                                                                       01.08.2023
                    Index       : yes/no
                    Speaking order/Non-speaking order
                    Neutral Citation : yes/no
                    grs

                    To

The Fast Track Court No.IV (Magisterial Level), George Town, Chennai.

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

Crl.O.P.No.16022 of 2023

N.ANAND VENKATESH, J.

grs

Crl.O.P.No.16022 of 2023 and Crl.M.P.Nos.10035 and 10286 of 2023

01.08.2023

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