Sarvendra Gupta vs The State Rep. By
2023 Latest Caselaw 12940 Mad

                                                                            Crl.OP.No.20856 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 21.09.2023

                                                     CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.20856 of 2023
                                                        and
                                         Crl.M.P.Nos.14293 & 14297 of 2023

                     1. Sarvendra Gupta
                        S/o.Late Sundaram

                     2. Bhagya Lakshmi,
                        W/o.Sarvendra Gupta

                     3. S.Vani,
                        D/o.Sarvendra Gupta                                  ... Petitioners

                                                        Vs.

                     1. The State rep. by,
                        The Assistant Commissioner of Police,
                        Anna Nagar Circle,
                        Chennai – 600 040.
                        Crime No.14 of 2021

                     2. M.Venumani,
                        D/o.Murugesan                                        ... Respondents

                     Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to
                     call for the records relating to the complaint in Spl.S.C.No.146 of 2023
                     on the file of Principal Sessions Court, Chennai and quash the same.



https://www.mhc.tn.gov.in/judis
                     1/4
                                                                                  Crl.OP.No.20856 of 2023

                                        For Petitioners    : Mr.N.Manoharan
                                        For Respondents : Mr.A.Gopinath
                                                          Government Advocate [Crl.side] [R1]
                                                          Mr.R.Sankara Subbu
                                                          for Mr.N.Kannan [R2]
                                                           *****

                                                          ORDER

This Criminal Original Petition has been filed seeking to quash the

proceedings in Spl.S.C.No.146 of 2023 on the file of Principal Sessions

Court, Chennai.

2. The grounds raised by learned counsel for petitioners 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 petitioners to raise all

the grounds before the Court below and the same shall be considered on

its own merits and in accordance with law.

3. It is brought to the notice of this Court that the trial has

commenced. PW-1 and PW-2 were also examined in chief on 01.09.2023.

In view of the same, this quash petition cannot be entertained at this

stage.

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

Crl.OP.No.20856 of 2023

4. Learned counsel for petitioners requested this Court to dispense

with the presence of the petitioners. Taking into consideration, the facts

and circumstances of the case, the presence of the petitioners is

dispensed with and they shall be represented by a counsel, who shall

cross examine the witnesses on the same day, they are examined in Chief.

The petitioners 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.

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

a direction to the Court below to complete the proceedings in

Spl.S.C.No.146 of 2023 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

petitioners adopt any dilatory tactics, it is open to the trial Court to insist

upon the presence of the petitioners and remand them to custody as https://www.mhc.tn.gov.in/judis

Crl.OP.No.20856 of 2023

N.ANAND VENKATESH, J.

gm

per the judgment of the Hon'ble Supreme Court in State of Uttar

Pradesh v. Shambhu Nath Singh (JT 2001 (4) SC 3191).

21.09.2023

Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm

To

1.The Principal Sessions Court, Chennai.

2.The Assistant Commissioner of Police, Anna Nagar Circle, Chennai – 600 040.

Crime No.14 of 2021

3.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.20856 of 2023

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