Kumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4847 of 2022 and Crl.M.P.Nos.2545 and 2548 of 2022 Kumar

...Petitioner

Vs.

1. State by Inspector of Police, P-3, Vyasarpadi Police Station, Chennai 600 039.

2. R.Udhaya

...Respondents

PRAYER: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in C.C.No.2046 of 2017 in crime No.1915 of 2014 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai - 600 008 and quash the same as against the petitioner herein. For Petitioner : Mr.R.Ramesh For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor.

For R2 : No Appearance

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.2046 of 2017 on the file of the X Metropolitan Magistrate, Egmore, Chennai.

2. Learned counsel appearing for the petitioner would submit that the petitioner is facing trial for the offence under Section 379 r/w 34 of IPC. He would further submit that the case is of the year 2014 and the final report has been filed during the year 2017. However, there is no progress in the trial. He would pray that a direction may be issued to the

concerned trial Judge to dispose of the case at the earliest. He would further pray that the personal appearance of the petitioner before the trial Court, may be dispensed with.

3. Accepting the said submission, the presence of the petitioner before the Trial Court shall be dispensed with on condition that the petitioner shall be present on the first day of appearance, on the date fixed for receiving the copies, intitial questioning, reply to charges and questioning under Section 313 of Cr.P.C., and at the time of passing judgment and whenever insisted upon by the Trial Court.

4. The petitioner is further directed to give an undertaking in the form of affidavit that he will be duly represented by a counsel on all hearing dates and that the Counsel representing him will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioner shall not dispute the identity of the witnesses. The petitioner shall appear before the Court in the event of his presence is insisted by the trial Judge for the purpose of identification. If the petitioner adopts any dilatory tactics, it is open to the Trial Court to insist for his appearance and deal with the petitioner in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.

5. Considering the submission made by the learned counsel for the petitioner and taking note of the fact that since the case is of the year 2014, the learned X Metropolitan Magistrate, Egmore, Chennai is directed to dispose of the case as expeditiously as possible. Accordingly, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar srn

To

1. The X Metropolitan Magistrate, Egmore, Chennai - 600 008

2. The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai 600 039.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Ramesh, Advocate, S.R.No.14999 Crl.O.P.No.4847 of 2022 and Crl.M.P.Nos.2545 and 2548 of 2022 PMK[co] NSK 25/03/2022