Balasubramaniyam vs The State Rep By
2023 Latest Caselaw 9223 Mad

                                                                                       Crl.O.P.No.16755 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 28.07.2023

                                                           CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.16755 of 2023
                                         and Crl.M.P.Nos.10763 and 10764 of 2023

                    1. Balasubramaniyam
                    2. Nithyalakshmi
                    3. Girija
                    4. Karthik
                    5. Mahagandhi
                    6. Mohana Suhda
                    7. Pasupathy                                      .. Petitioners

                                                             Versus

                    1. The State rep by
                       The Inspector of Police,
                       Central Crime Branch - I,
                       Chennai - 600 007.

                    2. M.R.Gurumurthy                                        .. Respondents

                    Prayer : Criminal Original Petition filed under Section 482 of the Code of
                    Criminal Procedure, to call for the records in C.C.No.3210 of 2023 on the
                    file of CCB, CB-CID Metropolitan Magistrate, Egmore, Chennai and quash
                    the same.

                                     For Petitioners      : Mr.L.Infant Dinesh

                                     For Respondent : Mr.A.Damodaran,
                                                 Additional Public Prosecutor,
                                                 for R1
https://www.mhc.tn.gov.in/judis

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                                                                               Crl.O.P.No.16755 of 2023




                                                        ORDER

This petition has been filed seeking to quash the proceedings in

C.C.No.3210 of 2023 on the file of the CCB, CB-CID Metropolitan

Magistrate, Egmore, Chennai.

2. The grounds raised by the learned Counsel for the petitioners 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 petitioners requested this Court to

dispense with the presence of the petitioners. Taking into consideration, the

facts and circumstances of the case, the personal appearance of the

petitioners 3, 4, 5, 6 and 7 is dispensed with and they shall be represented by

a Counsel, who shall cross examine the witnesses on the same day they are

examined in Chief. They shall be present before the Court below at the time https://www.mhc.tn.gov.in/judis

Crl.O.P.No.16755 of 2023

of framing of the charges under Section 240 of Cr.P.C., at the time of of

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

final judgment.

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

direction to the Court below to complete the proceedings in C.C.No.3210 of

2023 within a period of six 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 petitioners adopt

any dilatory tactics, it is open to the trial Court to insist upon the presence

of the petitioners and remand them 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 closed.

28.07.2023 Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs https://www.mhc.tn.gov.in/judis

Crl.O.P.No.16755 of 2023

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

Crl.O.P.No.16755 of 2023

N.ANAND VENKATESH, J.

grs

To

1. The CCB, CB-CID Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, Central Crime Branch - I, Chennai - 600 007.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.16755 of 2023 and Crl.M.P.Nos.10763 and 10764 of 2023

28.07.2023

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