E.D.Prakasam vs The State Represented By
2023 Latest Caselaw 9908 Mad

                                                                    Criminal Original Petition No.17561 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 08.08.2023

                                                           CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                      Criminal Original Petition No.17561 of 2023
                                                         and
                                         Crl.M.P.Nos.11513 & 11514 of 2023
                     E.D.Prakasam
                     S/o.Deivasigamani                                               ...Petitioner

                                                             Vs
                     1.The State represented by
                       The Inspector of Police,
                       Central Crime Branch,
                       Team - 4, EDF II, Veppery,
                       Chennai.

                     2.A.Muthu Shanmuganathan
                       S/o.Ayyanar                                                   ... Respondents

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the records pertaining to the
                     case in C.C.No.3773 of 2021 on the file of Special Court for CCB/CBCID
                     Metropolitan Magistrate Court, Egmore, Chennai and quash the same as
                     illegal and devoid of merits.
                                     For Petitioner      : Mr.M.R.Radhakrishnan

                                     For Respondents : Mr.A.Damodaran
                                                       Additional Public Prosecutor [R1]
                                                        *****
                                                      ORDER

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.17561 of 2023

This petition has been filed seeking to quash the proceedings in

C.C.No.3773 of 2021 on the file of Special Court for CCB/CBCID

Metropolitan Magistrate Court, Egmore, Chennai.

2. The grounds raised by learned counsel for 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. Learned counsel for 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

appear before the Court below as and when required. That apart, the

petitioner shall be present before the Court below at the time of framing of

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.17561 of 2023

charges and questioning under Section 313 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 C.C.No.3773 of

2021 within a period of six (6) months from the date of receipt of a copy of

this order. Consequently, connected miscellaneous petitions are closed.

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 v. Shambhu Nath Singh

(JT 2001 (4) SC 3191).

08.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm N.ANAND VENKATESH, J

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.17561 of 2023

gm

To

1.The Special Court for CCB/CBCID Metropolitan Magistrate Court, Egmore, Chennai.

2.The Inspector of Police, Central Crime Branch, Team - 4, EDF II, Veppery, Chennai.

3.The Public Prosecutor, High Court, Madras.

Criminal Original Petition No.17561 of 2023

08.08.2023

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