Sai Shyam Kumar vs State By: The Sub Inspector Of ...
2023 Latest Caselaw 7984 Mad

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                              [IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 10.07.2023

                                                      CORAM

                         THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                             Crl.O.P No.15312 of 2023
                                        and Crl.M.P No.9534 & 9535 of 2023

            Sai Shyam Kumar                                                                Petitioner

                                                         vs.

            1.State By: The Sub Inspector of Police,
              K-8, Arumbakkam Police Station,
              Chennai – 600 106.

            2.Sree Jyotsna (died)                                                      Respondents

            PRAYER: Criminal Original Petition filed under Section 482 of the Code of
            Criminal Procedure, to call for the records in C.C.No.14 of 2019 on the file of the
            learned Additional Mahila Court at Magesterial Level, Egmore, Chennai and quash
            the same.
                                    For Petitioner    : Mr.S.Subramanian
                                    For Respondents : Mr.A.Damodaran
                                                     Additional Public Prosecutor for R1


                                                      ORDER

This petition has been filed challenging the proceedings initiated by the

respondent against the petitioner under Sections 498(a), 323, 294(b) and 506(i) of

IPC.

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

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 under Section 313 Cr.P.C and at the time of passing of the

final judgement.

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

to the Court below to complete the proceedings in CC No.445 of 2018 within a

period of three 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 https://www.mhc.tn.gov.in/judis 3 of 4

(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 petitions are also closed.

                                                                                           10.07.2023

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


            To

1.The Additional Mahila Court at Magesterial Level, Egmore, Chennai.

2.The Sub Inspector of Police, K-8, Arumbakkam Police Station, Chennai – 600 106.

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

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

N. ANAND VENKATESH,. J.

ssr

Crl.O.P No.15312 of 2023 and Crl.M.P No.9534 & 9535 of 2023

10.07.2023

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