Madras High Court
M.Sankar vs State Rep. By on 4 August, 2023
Crl.O.P.No.17189 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P No.17189 of 2023
and
Crl.M.P No.11070 of 2023
1. M.Sankar
2. R.Kathir @ Kathiravan
... Petitioners
Vs.
1. State Rep. by
The Inspector of Police,
Sendurai Police Station,
Ariyalur.
Crime No.159 /2019.
2. G.Sivakumar ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, praying to call for the records relating to final report
dated 03.10.2019 filed in C.C.No.403/2019 on the file of the District
Munsif cum Judicial Magistrate Court, Sendurai and quash the same.
For Petitioners : Mr.G.Chandrasekaran
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17189 of 2023
For R1 : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This Criminal original petition have been filed
challenging the proceedings initiated by the respondent against the
petitioner under Sections 294(b), 323, 324 and 506(ii) of IPC.
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. There is a case and counter and the respondent police had
investigated both the FIRs in Crime Nos.159 and 166 of 2019. On
completion of investigation, the respondent police filed a final report and
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17189 of 2023
the same has been taken on file in CC No.403 of 2019 and CC No.542 of
2019 before the District Munsif cum Judicial Magistrate Court,
Sendurai. Under such circumstances, the case has to be proceeded further
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 145.
Hence, there is no question of entertaining this criminal original petition.
4.Accordingly, this criminal original petition is disposed of with a
direction to the Court below to complete the proceedings in CC No.403 of
2019 and CC No.542 of 2019, within a period of three months from the
date of receipt of a copy of this order. Consequently, connected
miscellaneous petition is closed.
5.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 he shall be represented by a counsel, who shall cross
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17189 of 2023
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 judgement.
6.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).
04.08.2023
rka
To
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17189 of 2023
1. The District Munsif cum Judicial Magistrate Court,
Sendurai.
2. The Inspector of Police,
Sendurai Police Station,
Ariyalur.
3. The Public Prosecutor,
High Court, Madras
N.ANAND VENKATESH, J
rka
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17189 of 2023
CRL.O.P No.17189 of 2023
and
Crl.M.P No.11070 of 2023
04.08.2023
https://www.mhc.tn.gov.in/judis
