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Madras High CourtCRL OP/3783/2018disposed of

Manoharan, M/A1/44 Years v. State Rep By Its

2021-06-23Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.3783 of 2018 and Crl.M.P.Nos.1731 & 1732 of 2018

1. Manoharan

2. Balaji

3. Paul Justus

4. Kamaraj

5. Raja Mohammed ... Petitioners A1 to A5 Vs.

The Sub Inspector of Police Kalasapakkam Police Station, Thiruvannamalai District.

Crime No.254 of 2014 ... Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. calling for the records in SC.No.162 of 2015 on the file of the learned Additional Assistant Sessions Judge, Tiruvannamalai and quash the same.

For Petitioners : Mr.R.Sankarasubbu For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioners under Sections 147, 364 (A) of IPC.

2. The grounds raised by the counsel for the 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. 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 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 judgement.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in CC No.137 of 2016 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 petitioners 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(CCC) //True Copy// Sub Assistant Registrar rli To

1. The Additional Assistant Sessions Judge, Tiruvannamalai

2. The Sub Inspector of Police Kalasapakkam Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.3783 of 2018 and Crl.M.P.Nos.1731 & 1732 of 2018 KJ(CO) CT/22/07/2021 https://hcservices.ecourts.gov.in/hcservices/