A.Balasubramaniyam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.4545 of 2021 and Crl.M.P Nos.2906 & 2908 of 2021 A.Balasubramaniyan ... Petitioner Vs.

1. The State Rep. By Inspector of Police, District Crime Branch, Perambalur.

2. Kandhaiya ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records in CC.No.287 of 2020 on the file of the learned Judicial Magistrate, Perambalur and to quash the same. For Petitioner : Mr.J.Ilamurugu For Respondents : Mr.C.Raghavan R1 Government Advocate (Crl. Side)

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioners under Sections 408, 409 and 477(A) of IPC.

2. The grounds raised by the counsel for the petitioner is 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 https://hcservices.ecourts.gov.in/hcservices/

witnesses on the same day, he is examined in Chief. The petitioner shall be present before the Court below at the time of framing of charges, questioning under Section 313 Cr.P.C and at the time of passing of the final judgment.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in CC No.287 of 2020 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 them 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(CO) //True Copy// Sub Assistant Registrar rli To 1.The Judicial Magistrate, Perambalur 2.The State Rep. By Inspector of Police, District Crime Branch, Perambalur.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Ilamurugu, Advocate, S.R.No.14632. CRL.O.P No.4545 of 2021 and Crl.M.P Nos.2906 & 2908 of 2021 SSN(CO) CSR 30.03.2021 https://hcservices.ecourts.gov.in/hcservices/