Mr.V.Dhandayuthapani vs The State
2023 Latest Caselaw 11918 Mad

                                                                Criminal Original Petition No.1857 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.1857 of 2023
                                                      and
                                       Crl.M.P.Nos.1037 & 1038 of 2023

                     Mr.V.Dhandayuthapani                                           ...Petitioner

                                                          Vs.

                     1.The State,
                       represented by the Inspector of Police,
                       Central Crime Branch, Team – IV, EDF – II,
                       No.32, Commissioner Office Building,
                       EVK Sampath Road,
                       Vepery, Chennai – 600 007.

                     2. Mr.M.Babian Prabhakar,
                        S/o.Maria Sebastian                                ... 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 impugned Final Report and the consequential proceedings in
                     C.C.No.8887 of 2022 before the Hon'ble Metropolitan Magistrate,
                     Special Court for CCB – CBCID Cases, Chennai and quash the same
                     insofar as the petitioner herein (Mr.V.Dhandayuthapani – A4) is
                     concerned.


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                                                                     Criminal Original Petition No.1857 of 2023

                                        For Petitioner     : Mr.R.Sankarasubbu

                                       For Respondents : Mr.A.Damodaran
                                                            Additional Public Prosecutor [R1]
                                                             *****
                                                          ORDER

This petition has been filed challenging the proceedings initiated

by the second respondent against the petitioner under Sections 406,

420,471 r/w 34 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

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Criminal Original Petition No.1857 of 2023

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. Accordingly, this Criminal Original Petition is disposed of with

a direction to the Court below to complete the proceedings in

C.C.No.8887 of 2022 within a period of six (6) months from the date of

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

petitions are 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

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

Criminal Original Petition No.1857 of 2023

N.ANAND VENKATESH, J mp

To

The Metropolitan Magistrate, CCB – CBCID Cases, Chennai – 8.

Criminal Original Petition No.1857 of 2023

05.09.2023

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