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Madras High CourtCRL OP/7956/2018disposed of

P.K.Atheeque Ahmed, M/45 v. State Represented By,

2021-08-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P No.7956 of 2018 and Crl.M.P Nos.4094 & 4095 of 2018 P.K.Atheeque Ahmed

...Petitioner / Sole accused

Vs.

1.The Inspector of Police, Ambur Town Police Station, Ambur, Vellore District.

Crime No.690 of 2009 ...1st Respondent / Complainant 2.K.Rajesh Prabu ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in CC.No.144 of 2010 pending on the file of the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District and quash the same.

For Petitioner :

Mr.K.Balasubrananiam For Respondent :

Mr.C.E.Pratap Government Advocate (Crl. side)

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 294(B) & 506(i) 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.

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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 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 CC.No.144 of 2010 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-IX) // True Copy // Sub Assistant Registrar rli To 1.The Inspector of Police, Ambur Town Police Station, Ambur, Vellore District.

2.The Additional District Munsif cum Judicial Magistrate, Ambur, Vellore 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Balasubramaniam, Advocate SR.No.42505 CRL.O.P No.7956 of 2018 and Crl.M.P Nos.4094 & 4095 of 2018 KSM(CO) RVM(23/09/2021) https://hcservices.ecourts.gov.in/hcservices/