Madras High CourtCRL OP/5292/2018disposed of

Mrs.Rita Jayaraj v. State Rep By

2021-07-26Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P No.5292 of 2018 and Crl.M.P Nos.2616 & 2617 of 2018 Rita Jayaraj

...Petitioner

Vs.

1. The Inspector of Police, DCB Kancheepuram.

....Respondent

2. Pushpa Anthony samy .. Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records and quash all proceedings in CC.No.58/2016 on the file of the learned Judicial Magistrate-II, Kanchipuram in Crime No.60/2013 on the file of the Inspector of Police, DCB, Kancheepuram pending investigation before the respondent police based on the complaint dated 11.05.2012.

For Petitioner : Mr.S.N.A.Hussainy For Respondent : Mr.C.E.Pratap-R1 For Public Prosecutor Mr.D.Murthy -R2

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 120(b), 420, 423, 465, 468 & 471 of IPC in Cr.No.60 of 2013.

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. https://hcservices.ecourts.gov.in/hcservices/

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.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in CC No.58 of 2016 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 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 petitions are also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rli To

1. The Judicial Magistrate-II, Kanchipuram.

2. The Inspector of Police,DCB Kancheepuram.

3. The Public Prosecutor, High Court, Madras +1cc to Mr.D.Murthy, Advocate, S.R.No.35502 CRL.O.P No.5292 of 2018 and Crl.M.P Nos.2616 & 2617 of 2018 PCH(CO) RGA(31/08/2021) https://hcservices.ecourts.gov.in/hcservices/