R.Jagadeeshwaram (41) v. R.Govindasamy (60)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.21168 of 2018 and Crl.M.P Nos.9014 and 9013 of 2018 Shanmugasundaram
...Petitioner
Vs.
1. The State Rep. By Inspector of Police, CCB, Coimbatore City, ..1st respondent/ Complainant
2. S.Syamala ..2nd respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records and quash the impunged proceedings in C.C.No.445 of 2018 on the file of the learned Judicial Magistrate III, Coimbatore, for an offences under Sections 420, 109 of IPC, Section 72 of Information Technology Act as against the petitioner. For Petitioner : C.E.Pratap
For Respondents : Mr.Mohammed Riyaz Additional Public Prosecutor for 1st respondent
ORDER
This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 420, 109 of IPC and Section 72 of Information Technology Act.
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 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.445 of 2018 within a period of six 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 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. 11.01.2021 Index: Yes/No Internet: Yes/No rka To
1. Learned Judicial Magistrate III, Coimbatore
2. The Public Prosecutor, High Court, Madras N.ANAND VENKATESH.J.,
rka CRL.O.P No.21168 of 2018 and Crl.M.P Nos.9014 and 9013 of 2018 11.01.2021