Madras High Court
R.Christopher Samuel vs G.Muthulakshmi on 12 November, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Crl.O.P.(MD)No.15626 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2024
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD) No.15626 of 2020
and
Crl.M.P.(MD) No.7650 of 2020
R.Christopher Samuel ... Petitioner/
Accused
Vs.
1.G.Muthulakshmi
2.The Inspector of Police,
Melur Police Station,
Madurai City.
3.The Inspector of Police,
Tallakulam Police Station,
Madurai City. ... Respondents
Complainant
(R2 and R3 are suo motu impleaded
as per order dated 12.08.2024)
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records in S.T.C.No.415 of 2019
pending on the file of the learned Judicial Magistrate No.1 cum Fast
Track Court, Madurai and quash the same.
For Petitioner : Mr.Niranjan S.Kumar
For Respondents : Mr.B.Thanga Aravindh
Government Advocate (Crl.)
for R2 and R3
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15626 of 2020
ORDER
This petition has been filed challenging the proceedings
initiated by the respondent against the petitioner under Section 4 of the
Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003.
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. The petitioner
shall be present before the Court at the time of framing of charges and at
the time of questioning under Section 313 of Cr.P.C., and at the time of
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15626 of 2020
passing of the judgment. The counsel representing the petitioner shall
cross examine the witnesses on the same day they are examined in Chief.
4. Accordingly, this Criminal Original Petition is disposed
of with a direction to the Court below to complete the proceedings in
S.T.C.No.415 of 2019, within a period of three 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.
12.11.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
PKN
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15626 of 2020
To
1.The Inspector of Police,
Melur Police Station,
Madurai City.
2.The Inspector of Police,
Tallakulam Police Station,
Madurai City.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15626 of 2020
N.ANAND VENKATESH,J.
PKN
Crl.O.P.(MD)No.15626 of 2020
Dated: 12.11.2024
https://www.mhc.tn.gov.in/judis
