Rangasamy vs The State Represented By The
2023 Latest Caselaw 8620 Mad

                                                                                  Crl.O.P.No.16073 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 19.07.2023

                                                          CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.16073 of 2023
                                         and Crl.M.P.Nos.10099 and 10101 of 2023

                    Rangasamy                                 .. Petitioner

                                                           Versus

                    1. The State Represented by the
                       Inspector of Police,
                       All Women Police Station,
                       Kondalampatti,
                       Salem District.
                       [Crime No:11 of 2010]

                    2. Mahalakshmi                                   .. Respondents

                    Prayer : Criminal Original Petition filed under Section 482 of the Code of
                    Criminal Procedure, to call for the entire records pertaining to case filed in
                    S.C.No.44 of 2018, on the file of the Additional District Sessions
                    (Mahaleer) Court, Salem and quash the same as illegal as against the
                    petitioner / accused No.4 is concerned.

                                     For Petitioner      : Mr.G.Karuppasamy Pandiyan

                                     For Respondents : Mr.A.Damodaran,
                                                 Additional Public Prosecutor
                                                 for R1

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

                    1/5
                                  Crl.O.P.No.16073 of 2023




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

                    2/5
                                                                                  Crl.O.P.No.16073 of 2023


                                                         ORDER

This petition has been filed challenging the proceedings initiated by

the respondent against the petitioner under Sections 498(A) and 307 of

I.P.C.

2. The grounds raised by the learned 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 who 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 judgment. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.16073 of 2023

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

direction to the Court below to complete the proceedings in S.C.No.44 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 (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.

                                                                                          19.07.2023
                    Index       : yes/no
                    Speaking order/Non-speaking order
                    Neutral Citation : yes/no
                    grs




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


                                                                         Crl.O.P.No.16073 of 2023


                                                              N.ANAND VENKATESH, J.
                                                                               grs

                    To

                    1. The Public Prosecutor,
                       High Court of Madras.

                    2. The Inspector of Police,
                       All Women Police Station,
                       Kondalampatti,
                       Salem District.

                                                                  Crl.O.P.No.16073 of 2023

and Crl.M.P.Nos.10099 and 10101 of 2023

19.07.2023

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