Singaravelan vs The Inspector Of Police
2023 Latest Caselaw 8632 Mad

                                                                    Criminal Original Petition No.15776 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.15776 of 2023
                                                         and
                                          Crl.M.P.Nos.9980 and 9982 of 2023

                     Singaravelan
                     S/o.Pachiyappan                                                 ...Petitioner
                                                             Vs
                     State represented by
                     1.The Inspector of Police,
                       Steel Plant Police Station,
                       Salem City.
                       Crime No.225 of 2022

                     2.Rajaganapathi
                       S/o.Rajamuthu                                                 ... Respondents

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the entire records in
                     connection with C.C.No.673 of 2023, on the file of the Judicial Magistrate I,
                     Salem and quash the same in so far as the petitioner is concerned.


                                     For Petitioner      : Mr.M.Vijaya Ragavan
                                     For Respondents : Mr.A.Damodaran
                                                       Additional Public Prosecutor
                                                        *****
                                                      ORDER

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.15776 of 2023

This petition has been filed challenging the proceedings initiated by

the second respondent against the petitioner under Sections 147, 148 and

324 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

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.15776 of 2023

direction to the Court below to complete the proceedings in C.C.No.673 of

2023 within a period of six (6) 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 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

N.ANAND VENKATESH, J

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.15776 of 2023

gm

To

1.The Judicial Magistrate I, Salem.

2.The Inspector of Police, Steel Plant Police Station, Salem City.

3.The Public Prosecutor, High Court, Madras.

Criminal Original Petition No.15776 of 2023

19.07.2023

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