M.Suresh vs The Inspector Of Police
2023 Latest Caselaw 8631 Mad

                                                                   Criminal Original Petition No.15994 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED :19.07.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                      Criminal Original Petition No.15994 of 2023
                                                         and
                                              Crl.M.P.No.10007 of 2023
                     1.M.Suresh
                       S/o.Muniraju

                     2.M.Muniraju
                       S/o.Mannugan                                                 ...Petitioners
                                                           Vs
                     State represented by
                     1.The Inspector of Police,
                       Marandahalli Police Station,
                       Palacode Taluk,
                       Dharmapuri District.

                     2.Saroja
                       W/o.Murugan                                         ... Respondents
                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the entire records relating to
                     the above case in the impugned final report in C.C.No.135 of 2022, on the
                     file of the Judicial Magistrate, Palacode, Dharmapuri District and quash the
                     same.
                                     For Petitioners   : Mr.Secular S Arunkumar
                                     For Respondents : Mr.A.Damodaran
                                                       Additional Public Prosecutor
                                                        *****

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                        Criminal Original Petition No.15994 of 2023

                                                            ORDER

This petition has been filed challenging the proceedings initiated by

the second respondent against the petitioner under Sections 294(b), 323,

354 and 506(2) IPC.

2. The grounds raised by learned counsel for 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. Learned counsel for 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

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.15994 of 2023

313 Cr.P.C and at the time of passing of the final judgment and whenever

the Court below insists for the appearance of the petitioner.

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

direction to the Court below to complete the proceedings in C.C.No.135 of

2022 within a period of six (6) months from the date of receipt of a copy of

this order. Consequently, connected miscellaneous petition is 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 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 v. Shambhu Nath Singh

(JT 2001 (4) SC 3191).

19.07.2023

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.15994 of 2023

N.ANAND VENKATESH, J

gm To

1.The Judicial Magistrate, Palacode, Dharmapuri District.

2.The Inspector of Police, Marandahalli Police Station, Palacode Taluk, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

Criminal Original Petition No.15994 of 2023

19.07.2023

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