G.Susila v. The Inspector Of Police

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.23343 of 2013 and 25601 of 2015 and MP.No.1 of 2013 Crl.Op.No.23343 of 2013:

1. G.Susila

2. G.Rajendran

3. G.Rajasulochana ... Petitioners Vs.

2. Balaji ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., to call for the entire records relating to the proceedings in CC.No.28 of 2013 on the file of the learned Judicial Magistrate-III, Cuddalore, quash the same. For Petitioners : Mr.B.Kumarasamy For Respondents : Mr.L.Baskaran, GA (Crl side) R1 Mr.S.Sairaman R2

Crl.Op.No.25601 of 2015:

B.Balaji ... Petitioner Vs.

Cr. No.2 of 2010 ... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate-III, Cuddalore to dispose the CC.No.28 of 2013 within a time framed manner.

For Petitioner : Mr.S.Sairaman For Respondent : Mr.L.Baskaran, GA (Crl side) 2 COMMON ORDER Crl.OP.No.23343 of 2013 has been filed by the accused persons seeking to quash the proceedings in CC.No.28 of 2013 on the file of the learned Judicial Magistrate-III, Cuddalore.

2. Crl.OP.No.25601 of 2015 has been filed by the defacto complainant seeking to direct the learned Judicial Magistrate-III, Cuddalore to dispose the CC.No.28 of 2013 within a time framed manner.

3. For the sake of convenience, the parties are referred as per their relationship.

4. The grounds raised by the counsel for the accused persons 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/accused 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.

5. The learned counsel for the accused submitted that during the trial, the petitioners/accused filed a quash petition before this court. The learned counsel 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 petitioner 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 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.

6. Accordingly, this Criminal Original Petitions are disposed of with a direction to the Court below to complete the proceedings in CC.No.28/2013 as expeditiously as possible. 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 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.

25.01.2023 rli Speaking Order/ Non Speaking Order Index: Yes/ No

Internet: Yes/ No To

2. The Judicial Magistrate-III, Cuddalore, 3.The Public Prosecutor, Madras High Court.

M.DHANDAPANI,J.

Rli Crl.O.P.Nos.23343 of 2013 and 25601 of 2015 25.01.2023