Madras High Court
V.Sivakumar vs State Rep. By on 4 August, 2023
Crl.O.P.No.17185 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.17185 of 2023
and
Crl.M.P No.11068 of 2023
1. V.Sivakumar
2. S.Vishnu
... Petitioners
Vs.
1. State Rep. by
The Inspector of Police,
Veeranam Police Station,
Salem City.
2. Chelladurai ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to quash the final report filed in
CC.No.274 of 2023 on the file of the Judicial Magistrate No.4, Salem as
against the petitioners.
For Petitioners : Mr.R.Ezhilarasan
For R1 : Mr.A.Damodaran
Additional Public Prosecutor
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17185 of 2023
ORDER
This Criminal original petition have been filed challenging
the proceedings initiated by the respondent against the petitioners 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.197 and 198 of 2021. On
completion of investigation, the respondent police filed a final report
and the same has been taken on file in CC No.274 of 2023 and CC
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17185 of 2023
No.456 of 2023 before the Judicial Magistrate IV, Salem. 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.274
of 2023 and CC No.456 of 2023, within a period of six months from the
date of receipt of a copy of this order. Consequently, connected
miscellaneous petitions are 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
examine the witnesses on the same day, they are examined in Chief. The
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17185 of 2023
petitioners 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
petitioners 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
1. The Judicial Magistrate No.4, Salem.
2. The Inspector of Police,
Veeranam Police Station,
Salem City.
3. The Public Prosecutor,
High Court, Madras
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17185 of 2023
N.ANAND VENKATESH, J
rka
CRL.O.P No.17185 of 2023
and
Crl.M.P No.11068 of 2023
04.08.2023
https://www.mhc.tn.gov.in/judis
