R.Satheesh vs State Represented By
2023 Latest Caselaw 8930 Mad

                                                                  Criminal Original Petition No.16309 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 24.07.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                      Criminal Original Petition No.16309 of 2023
                                                         and
                                         Crl.M.P.Nos.10361 & 10364 of 2023


                     R.Satheesh
                     S/o.Rajendran                                                 ...Petitioner

                                                           Vs
                     1.State represented by
                       The Inspector of Police,
                       All Women Police Station,
                       Mayiladuthurai.
                       Crime No.23 of 2022

                     2.Praveena
                       W/o.Nadarajan                                               ... Respondents


                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the records pertaining to
                     C.C.No.236 of 2022 on the file of learned Judicial Magistrate,
                     Mayiladuthurai and quash the same.
                                     For Petitioner  : Mr.T.Padmanabhan
                                     For Respondents : Mr.A.Damodaran
                                                       Additional Public Prosecutor [R1]
                                                        *****

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                        Criminal Original Petition No.16309 of 2023

                                                            ORDER

This petition has been filed challenging the proceedings initiated by

the second respondent against the petitioner under Sections 294(b), 354(A)

& 506(i) 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

appear before the Court below as and when required. That apart, the

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16309 of 2023

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

direction to the Court below to complete the proceedings in C.C.No.236 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 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).

24.07.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16309 of 2023

N.ANAND VENKATESH, J

gm

To

The Judicial Magistrate, Mayiladuthurai.

Criminal Original Petition No.16309 of 2023

24.07.2023

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