Selvam @ Selvakumar vs The Inspector Of Police
2024 Latest Caselaw 70 Mad

Madras High Court

Selvam @ Selvakumar vs The Inspector Of Police on 2 January, 2024

Author: Sathi Kumar Sukumara Kurup

Bench: Sathi Kumar Sukumara Kurup

                                                                       Crl.O.P.(MD) No.23412 of 2023


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 02.01.2024

                                                      CORAM

                         THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                         CRL.O.P (MD) No.23412 of 2023
                                                      and
                                         Crl.M.P.(MD) No.18241 of 2023

                     1.Selvam @ Selvakumar

                     2.Kamarasu

                     3.Rakku                                           ...Petitioners

                                                          vs

                     The Inspector of Police,
                     All Women Police Station,
                     Sivagangai District,
                     Crime No.18 of 2015                               ...Respondent


                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying, to call for the records pertaining to the impugned order passed in
                     Cr.M.P.No.1224 of 2023 in SC.No.209 of 2016 before the learned Sessions
                     Judge, Fast Track Mahila Court, Sivagangai dated 11.10.2023 and set aside
                     the same.
                                        For Petitioners : Mr.R.Karunanithi
                                        For Respondent : Mr.M.Veeranthiran
                                                              Government Advocate

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.(MD) No.23412 of 2023




                                                             ORDER

This Criminal Original Petition is filed to set aside the order passed in

Cr.M.P.No.1224 of 2023 in SC.No.209 of 2016 on the file of the learned

Sessions Judge, Fast Track Mahila Court, Sivagangai, dated 11.10.2023.

2.Directions were issued by the Hon'ble Supreme Court to the trial

Judges throughout India with a direction to the respective High Courts to

issue the copy of the judgments to the learned trial Judges across the

country through the respective State High Courts. As per the judgment of

the Hon'ble Supreme Court in Vinod Kumar Vs. State of Punjab reported in

CDJ 2015 SC 115, when witnesses are available before the Court to depose

the evidence, the case shall not be adjourned and also, when the witnesses

depose as prosecution witness, they shall be cross-examined then and there.

3.This guideline was issued some time in 2014-2016, but it is not at

all followed by the trial Courts. From the petitions filed under 482 Cr.P.C.,

it can be observed that the trial Judges are not using the said rulings for

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.23412 of 2023

rendering justice. To earn a good name from the members of the Bar, they

are adjourning the cases at the request of the learned counsel appearing for

the accused.

4.Also, the learned counsel, who appeared for the accused, as a

member of the Bar, has a duty towards the Court in rendering justice in

assisting the Court as a Court Officer. They ignore their responsibility and

professional ethics and etiquette and they are ready to help the accused to

wriggle out of the case by seeking adjournments to recall the witnesses,

which amounts to harass the victims of the crime, who are invariably the

witnesses before the trial Courts.

5.The said conduct of the members of the Bar and the accused as

though the criminal justice system favours the accused cannot at all be

accepted by any Court of law. The prayer of the Petitioners is found

unacceptable in the light of the guidelines and the Rules laid down by the

Hon'ble Supreme Court. The Hon'ble Supreme Court had deprecated the

practise to recall the witnesses, who are invariably the victims of the crime

after several years and keeping the case as part heard. The order passed by

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.23412 of 2023

the learned trial Judge had to be upheld in the light of the Rulings of the

Hon'ble Supreme Court.

Accordingly, this Criminal Original Petition is dismissed.

Consequently, connected Miscellaneous Petition is closed.

                     Internet:Yes./No                                         02.01.2024
                     Index:Yes/No
                     mm

                     To

                     1.The Inspector of Police,
                       All Women Police Station,
                       Sivagangai District,

                     2.The Additional Public Prosecutor,
                       Madurai Bench of Madras High Court,
                       Madurai.







https://www.mhc.tn.gov.in/judis
                                              Crl.O.P.(MD) No.23412 of 2023




                                  SATHI KUMAR SUKUMARA KURUP, J.

                                                                      mm









                                                              02.01.2024




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