Madras High Court
C.Kanagasabapathy vs State Rep. By on 8 September, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.19864 of 2023
and Crl MP No.13451 &13448 of 2023
C.Kanagasabapathy ..Petitioner /Accused-3
vs.
1. State Rep. by
The Inspector of Police,
Central Crime Branch,
Team XVIII, Egmore, Chennai – 8 ..1st Respondent / Complainant
2. Mr.Sounder Rajan ..2nd Respondent / Defacto complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure to call for the records in CC No.1133 of 2020 from
the file of the Additional Chief Metropolitan Magistrate at Egmore.
Chennai.
For Petitioner : Mr. S.Anantha Narayaan
Senior Counsel for
Mr.S.N.Nandhie Devhan
For Respondent :Mr. A.Damodaran
Additional Public Prosecutor
ORDER
This petition has been filed challenging the proceedings
initiated by the respondent against the petitioner under Sections 419, 465,
https://www.mhc.tn.gov.in/judis
468, 471, 506(II) IPC.
2. The grounds raised by the counsel for the 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. The learned counsel for the 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 judgement.
4. Accordingly, this Criminal Original Petition is disposed of with a
https://www.mhc.tn.gov.in/judis
direction to the Court below to complete the proceedings in CC No.1133
of 2020 within a period of six months from the date of receipt of a copy of
this order. 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
VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently,
connected miscellaneous petitions are also closed.
08.09.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
rka
https://www.mhc.tn.gov.in/judis
To
1. Additional Chief Metropolitan Magistrate at Egmore.
2. State Rep. by
The Inspector of Police,
Central Crime Branch,
Team XVIII, Egmore, Chennai – 8
3. The Public Prosecutor,
High Court, Madras
N. ANAND VENKATESH, J.
https://www.mhc.tn.gov.in/judis
rka
Crl.O.P No.19864 of 2023
08.09.2023
https://www.mhc.tn.gov.in/judis
