K.Ragu vs The State Represented By
2023 Latest Caselaw 9305 Mad

                                                                  Criminal Original Petition No.16954 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 31.07.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                      Criminal Original Petition No.16954 of 2023
                                                         and
                                              Crl.M.P.No.10893 of 2023

                     1.K.Ragu
                       S/o.Kumarasamipillai                                               ... Petitioner

                                                           Vs
                     1.The State represented by,
                       Inspector of Police,
                       District Crime Branch,
                       Namakkal.
                       Crime No.45 of 2012

                     2.Nirmala Devi                                                     ... Respondents

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the records relating to the
                     C.C.No.348 of 20130 on the file of the learned Judicial Magistrate-I,
                     Namakkal and to quash the same insofar as against the petitioner herein.


                                     For Petitioner  : Mr.Selvakumaraswami
                                     For Respondents : Mr.A.Damodaran
                                                       Additional Public Prosecutor for R1

                                                          *****


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https://www.mhc.tn.gov.in/judis
                                                                        Criminal Original Petition No.16954 of 2023




                                                            ORDER

This petition has been filed challenging the proceedings initiated by

the second respondent against the petitioner under Sections 120(B), 420,

419 , 468, 471 and 506(ii) 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

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16954 of 2023

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.348 of

2013 within a period of four (4) months from the date of receipt of a copy of

this order. Consequently, connected miscellaneous petitions are also closed.

5.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).

31.07.2023

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gba

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16954 of 2023

N.ANAND VENKATESH, J

gba

To

The Judicial Magistrate-I, Namakkal.

Criminal Original Petition No.16954 of 2023

31.07.2023

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