Mr.Saravanan vs State Rep. By
2023 Latest Caselaw 12851 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 20.09.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                Crl.O.P.No.20717 of 2023
                                              and Crl.M.P.No.14149 of 2023

            Mr.Saravanan                                                                    ... Petitioner

                                                          Vs.

            1.State rep. by,
              The Inspector of Police,
              Central Crime Branch,
              Team No.18, Veperi,
              Chennai – 600 007.

            2.R.Soundararajan                                                             ...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.1133 of 202o pending on the file of the learned Additional Chief Metropolitan Magistrate at Egmore, Chennai – 8 and quash the same.

                                     For Petitioner          : Mr.M.Anandaraj

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






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

This petition has been filed challenging the proceedings initiated by the

respondent against the petitioner under Sections 419, 465, 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.

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

4. Accordingly, this Criminal Original Petition is disposed of with a 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 petition is also

closed.

20.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order Neutral Citation : Yes/No ssr

To

1.The Additional Chief Metropolitan Magistrate, Egmore, Chennai – 8.

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

2.The Inspector of Police, Central Crime Branch, Team No.18, Veperi, Chennai – 600 007.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20717 of 2023 and Crl.M.P.No.14149 of 2023

20.09.2023

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