Jothi Narayan vs Inspector Of Police
2023 Latest Caselaw 7847 Mad

                                                                 Criminal Original Petition No.15168 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 07.07.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                   Criminal Original Petition No.15168 of 2023
                                                      and
                                       Crl.M.P.Nos.9492 & 9493 of 2023
                     1.Jothi Narayan
                       W/o.V.L.Narayan

                     2.Caroline Eucharista
                       W/o.Saudararajan                                           ...Petitioners
                                                          Vs
                     1.Inspector of Police,
                       Central Crime Branch (EDF-1, Team-1)
                       Vepery, Chennai - 600 007.
                       Crime No.103 of 2021

                     2.G.S.Hemanth Kumar                                   ... Respondents
                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the records relating to the
                     C.C.No.8297 of 2022 on the file of Special Metropolitan Magistrate (CCB
                     & CBCID) Court, Egmore, Chennai and to quash the same insofar as
                     against the petitioners herein.
                                     For Petitioners : Mr.R.John Sathiyan, Senior Counsel
                                                       for Mr.C.S.K.Sathish
                                     For Respondents : Mr.A.Gopinath
                                                       Government Advocate [Crl.side] [R1]
                                                       Mr.R.C.Paul Kanagaraj [R2]
                                                         *****
                                                      ORDER

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.15168 of 2023

This petition has been filed challenging the proceedings initiated by

the second respondent against the petitioners under Sections 406, 420 r/w

120(B) IPC.

2. The grounds raised by learned counsel for 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. Learned counsel for 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 they shall be represented by a counsel, who shall cross examine the

witnesses on the same day, they are examined in Chief. The 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 judgment.

4. Accordingly, this Criminal Original Petition is disposed of with a

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.15168 of 2023

direction to the Court below to complete the proceedings in C.C.No.8297 of

2022 within a period of three (3) months from the date of receipt of a copy

of this order. Consequently, connected miscellaneous petitions are also

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 petitioners adopt

any dilatory tactics, it is open to the trial Court to insist upon the presence

of the petitioners and remand them 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).

07.07.2023 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.15168 of 2023

gm

To

The Special Metropolitan Magistrate (CCB & CBCID) Court, Egmore, Chennai.

Criminal Original Petition No.15168 of 2023

07.07.2023

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