Manivannan vs The State Rep. By Its
2023 Latest Caselaw 7747 Mad

                                                      1 of 4

                              [IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 06.07.2023

                                                     CORAM

                         THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                      Crl.O.P Nos.14994 & 15017 of 2023
                                     and Crl.M.P Nos.9314 & 9329 of 2023

                Manivannan                                                            Petitioner
                                                                               in both Crl.O.Ps

                                               vs.
                1.The State rep. by its
                  The Inspector of Police,
                  Sirkazhi Police Station,
                  Mayiladuthurai District.
                  (Crime No.250 of 2022)

                2.Mrs.Lakshmi                                                     Respondents

in Crl.O.P.No.14994 of 2023

1.The State rep. by its The Inspector of Police, Sirkazhi Police Station, Mayiladuthurai District.

                  (Crime No.248 of 2022)

                2.Mrs.Devi                                                        Respondents
                                                                   in Crl.O.P.No.15017 of 2023

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in respect with the C.C.No.3 of 2022 and C.C.No.5 of 2022 respectively, for the allege offence under Section 147, 148, 294(b), 324, 323, 354 and 506(ii) of IPC on the file of the Judicial Magistrate, Sirkazhi and quash the charge sheet.

https://www.mhc.tn.gov.in/judis
                                                         2 of 4

                                      For Petitioner     : Ms.C.V.Salin Nisha
                                      in both Crl.O.Ps

                                      For Respondents : Mr.A.Damodaran

in both Crl.O.Ps Additional Public Prosecutor for R1

COMMON ORDER

These petitions have been filed challenging the proceedings initiated by

the respondent against the petitioner under Sections 147, 148, 294(b), 323, 324,

354 and 506(ii) of IPC.

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.There is a case and counter and the respondent police had investigated

three FIRs in Crime Nos.248, 249 and 250. On completion of investigation, the

respondent police found that there are materials to file a final report in all the

three cases. Hence, final report was filed in all the three cases and it has been https://www.mhc.tn.gov.in/judis 3 of 4

taken on file by the Court below. 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 these criminal original

petitions.

4.Accordingly, both the criminal original petitions are dismissed.

Consequently, connected miscellaneous petitions are closed.

5.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 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 https://www.mhc.tn.gov.in/judis 4 of 4

N. ANAND VENKATESH,. J.

ssr 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).

                                                                                      06.07.2023

                Index      : Yes/No
                Internet   : Yes/No
                Speaking Order/Non-Speaking Order
                ssr


                To

                1.The Judicial Magistrate,
                  Sirkazhi.

                2.The Inspector of Police,
                  Sirkazhi Police Station,
                  Mayiladuthurai District.

                3.The Public Prosecutor,
                  High Court of Madras,
                  Madras.



                                                          Crl.O.P Nos.14994 & 15017 of 2023
                                                        and Crl.M.P Nos.9314 & 9329 of 2023


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