Madras High Court
S.Vinoth vs State Rep By on 8 August, 2023
Crl.O.P.No.17412 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.17412 of 2023
and Crl.M.P.No.11334 of 2023
S.Vinoth .. Petitioner
Versus
State Rep by
The Food Safety Officer (in-charge),
Code No.069,
Chittamur District and Latur District,
First Floor, Revenue Commissioner's Office,
District Collector's Complex,
Kanchipuram - 631 501. .. Respondent
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in S.T.C.No.129 of 2023 pending
on the file of the District Munsif-cum-Judicial Magistrate Court, Cheyyur
and to quash the charges leveled against the petitioner / accused.
For Petitioner : Mr.M.Velmurugan
For Respondent : Mr.A.Damodaran,
Additional Public Prosecutor
ORDER
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17412 of 2023
This petition has been filed seeking to quash the S.T.C.No.129 of
2023 pending on the file of the District Munsif-cum-Judicial Magistrate
Court, Cheyyur.
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
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17412 of 2023
under Section 251 and 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 S.T.C.No.129
of 2023 within a period of six 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 petition is also closed.
08.08.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
To
1. The District Munsif-cum-Judicial Magistrate Court,
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17412 of 2023
Cheyyur.
2. The Food Safety Officer (in-charge),
Code No.069,
Chittamur District and Latur District,
First Floor, Revenue Commissioner's Office,
District Collector's Complex,
Kanchipuram - 631 501.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17412 of 2023
N.ANAND VENKATESH, J.
grs
Crl.O.P.No.17412 of 2023
and Crl.M.P.No.11334 of 2023
08.08.2023
https://www.mhc.tn.gov.in/judis
