Madras High Court
V.Rajalakshmi vs The State Represented By The on 31 July, 2023
Crl.O.P.No.16265 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.16265 of 2023
and
Crl.M.P.Nos.10310 & 10311 of 2023
V.Rajalakshmi
W/o.Venkataramanujam .. Petitioner
Vs.
1.The State represented by the
Sub-Inspector of Police,
Central Crime Branch, Team-1,
Veppari, Chennai – 7.
2.Sivakumar
S/o.Seshagiri .. Respondents
[R2 impleaded as per order of this Court
in Crl.M.P.No.11258 of 2023 in Crl.O.P.
No.16265 of 2023 dated 31.07.2023]
PRAYER : Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure praying to call for the entire records in pursuant to the
charge sheet in C.C.No.2778 of 2023 pending on the file of Court of Central
Crime Branch and Crime Branch Criminal Investigation Department
Metropolitan Magistrate, Egmore, Chennai – 8 and quash the same insofar
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.16265 of 2023
as the petitioner herein is concerned.
For Petitioner : Mr.S.Sri Ranjini
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor [R1]
*****
ORDER
This petition has been filed seeking to quash the proceedings in
C.C.No.2778 of 2023 pending on the file of Court of Central Crime Branch
and Crime Branch Criminal Investigation Department Metropolitan
Magistrate, Egmore, Chennai - 8.
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
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.16265 of 2023
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 she 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 at the time of framing of charges u/s.240
Cr.P.C., 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.2778 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 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
N.ANAND VENKATESH, J
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.16265 of 2023
gm
Hon'ble Supreme Court in State of Uttar Pradesh v. Shambhu Nath Singh
(JT 2001 (4) SC 3191).
31.07.2023
Index : Yes/No
Speaking order:Yes/No
Neutral citation:Yes/No
gm
To
1.The Court of Central Crime Branch
and Crime Branch Criminal Investigation Department,
Metropolitan Magistrate, Egmore, Chennai - 8.
2.The Sub-Inspector of Police,
Central Crime Branch, Team-1,
Veppari, Chennai – 7.
3.The Public Prosecutor
Madras High Court, Madras.
Crl.O.P.No.16265 of 2023
https://www.mhc.tn.gov.in/judis
