Muralitharan vs State Represented By
2023 Latest Caselaw 9235 Mad

                                                                   Criminal Original Petition No.16781 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 28.07.2023

                                                       CORAM

                         THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                      Criminal Original Petition No.16781 of 2023
                                                         and
                                              Crl.M.P.No.10794 of 2023

                1.Muralitharan
                  S/o.Venkadasubramanium

                2.Yohan
                  S/o.Kattan                                                            ... Petitioners
                                                          vs.

                1.State represented by
                  The Inspector of Police,
                  Pathirivedu Police Station,
                  Thiruvallur District.

                2.Meera Devi
                  W/o. (Late) Ramesh Kumar                                              ... 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.381 of 2019 on the file of Judicial Magistrate, Gummidipoondi and
                quash the same as illegal, incompetent and without jurisdiction by allowing the
                present petition.
                                        For Petitioners  : Mr.D.Sreenivasan
                                        For Respondents : Mr.A.Damodaran
                                                           Additional Public Prosecutor [R1]
                                                        *****

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                                                                    Criminal Original Petition No.16781 of 2023

                                                    ORDER

This Criminal Original Petition has been filed seeking to quash the

proceedings in C.C.No.381 of 2019 on the file of Judicial Magistrate,

Gummidipoondi.

2. The grounds raised by learned counsel for 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 petitioners 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 petitioners requested this Court to dispense with

the presence of the petitioners. Taking into consideration, the facts and

circumstances of the case, the presence of the petitioners 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. The petitioners shall be present

before the Court below as and when required and 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

Criminal Original Petition No.16781 of 2023

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

direction to the Court below to complete the proceedings in C.C.No.381 of

2019 within a period of three (3) months from the date of receipt of a copy of

this order. Consequently, connected miscellaneous petition is 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 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 v. Shambhu Nath Singh (JT 2001

(4) SC 3191).

28.07.2023 Index : Yes/No Speaking Order/Non-Speaking Order Neutral citation : Yes/No gm To

1.The Judicial Magistrate, Gummidipoondi.

2.The Inspector of Police, Pathirivedu Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

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Criminal Original Petition No.16781 of 2023

N. ANAND VENKATESH., J

gm

Criminal Original Petition No.16781 of 2023

28.07.2023

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