Ilayaraja, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P No.9935 of 2018 and Crl.M.P Nos.5086 & 5087 of 2018 Ilayaraja

...Petitioner

Vs.

1. The Inspector of Police, E-8, Kelambakkam Police Station, Kancheepuram District.

Crime No.61 of 2011

2. S.T.Ponsubbaiah

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in PRC No.36 of 2011 on the file of the learned Judicial Magistrate-I, Chengalpet, Kancheepuram District and quash the same insofar as the petitioner is concern.

For Petitioner : Mr.Mohammed Riyaz For Mr.R.Sasikumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 366, 376 read with Section 109 of IPC.

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

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.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in PRC.No.36 of 2011 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 //True Copy// Sub Assistant Registrar rli To

1. The Judicial Magistrate-I, Chengalpet, Kancheepuram.

2. The Inspector of Police, E-8, Kelambakkam Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P No.9935 of 2018 and Crl.M.P Nos.5086 & 5087 of 2018 GMR(CO) LS(27/08/2021) https://hcservices.ecourts.gov.in/hcservices/