Revathi vs State By Inspector Of Police
2023 Latest Caselaw 12437 Mad

                                                                   Criminal Original Petition No.20108 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 13.09.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                      Criminal Original Petition No.20108 of 2023
                                                         and
                                         Crl.M.P.Nos.13687 & 13688 of 2023

                     Revathi
                     W/o.Meenatchi Sundaram                                         ...Petitioner

                                                           Vs

                     1.State by Inspector of Police,
                       CCB-II Police Station,
                       Greater Chennai.
                       Crime No.68 of 2020

                     2.V.Devanathan
                       S/o.C.Venkatesalu                                            ... Respondents


                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the records in C.C.No.213
                     of 2021 pending trial before the Judicial Magistrate Court I, Poonamallee
                     and quash the proceedings insofar as it relates to the petitioner herein.



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https://www.mhc.tn.gov.in/judis
                                                                        Criminal Original Petition No.20108 of 2023

                                        For Petitioner     : Dr.N.Vijayaraj

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

                                                          ORDER

This Criminal Original Petition has been filed seeking to quash the

proceedings in C.C.No.213 of 2021 on the file of the Judicial Magistrate

Court I, Poonamallee.

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 Criminal Original Petition No.20108 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 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. Accordingly, this Criminal Original Petition is disposed of with a

direction to the Court below to complete the proceedings in C.C.No.213 of

2021 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.

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

N.ANAND VENKATESH, J

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.20108 of 2023

gm

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).

13.09.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

To

1.The Judicial Magistrate Court I, Poonamallee.

2.The Inspector of Police, CCB-II Police Station, Greater Chennai.

Crime No.68 of 2020

3.The Public Prosecutor, High Court, Madras.

Criminal Original Petition No.20108 of 2023

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