Karthik vs The State Rep. By
2023 Latest Caselaw 11916 Mad

                                                               Criminal Original Petition No.19698 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 05.09.2023

                                                    CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                  Criminal Original Petition No.19698 of 2023
                                                     and
                                          Crl.M.P.No.13303 of 2023

                     Karthik,
                     S/o.Duraisamy                                                  ...Petitioner

                                                         Vs.

                     1.The State rep. by
                       The Inspector of Police,
                       Central Crime Branch,
                       Coimbatore City, Coimbatore District.
                       Crime No.2 of 2022.

                     2. Mr.S.Mahendran,
                        S/o.R.Subramanian                         ... Respondents
                     PRAYER : Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, 1973, praying to call for the records of the
                     impugned proceedings pending in C.C.No.2647 of 2022, on the file of
                     Learned Judicial Magistrate – VII, Coimbatore and quash the same.


                                  For Petitioner    : Mr.W.Camles Gandhi
                                  For Respondents : Mr.A.Damodaran
                                                    Additional Public Prosecutor [R1]

                                                    *****
                                                   ORDER

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Criminal Original Petition No.19698 of 2023

This petition has been filed challenging the proceedings initiated

by the second respondent against the petitioner under Sections 120B, 420

of 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 313 Cr.P.C and at the time of passing of the final judgment.

4. The learned Additional Public Prosecutor submits that Trial has https://www.mhc.tn.gov.in/judis

Criminal Original Petition No.19698 of 2023

already commenced and the P.W.1 has already examined and the case is

now posted for cross-examination of L.W.2 and L.W.3.

5. Accordingly, this Criminal Original Petition is disposed of with

a direction to the Court below to complete the proceedings in

C.C.No.2647 of 2022 within a period of six (6) months from the date of

receipt of a copy of this order. Consequently, connected miscellaneous

petition is also 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).

05.09.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No mp

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Criminal Original Petition No.19698 of 2023

N.ANAND VENKATESH, J mp

To

The learned Judicial Magistrate No.VII, Coimbatore.

Criminal Original Petition No.19698 of 2023

05.09.2023

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