Ramesh @ Rajkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.6144 of 2024 and Crl.M.P. Nos.4481 & 4482 of 2024 Ramesh

...Petitioner

Vs The State Rep. by The Forest Range Officer, Namakkal.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in pursuant to the C.C.No.115 of 2023 on the file of Metropolitan Magistrate- Thiruchengode, and quash the entire proceedings against the petitioner herein in C.C.No.115 of 2023 on the file of the Metropolitan Magistrate- Thiruchengode. For Petitioners : Mr.M.Roshini For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections (Schedule-1, Part-1, 12-B, Elephas maximus - Indian Elephant Wild Lige)2(2)(ii), 39(i)Ib)(2), 40, 43(i)(2), 48, 50, 51 of the Wild Life Protection Act, 1972. 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. The facts of this case and grounds raised in the quash petition do not fall within the parameters laid down by the Apex Court in State of Haryana and others v. Bhajanlal and others [(1992) Suppl (1) SCC 335].

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.

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 initial questioning under Section 251 of Cr.P.C., at the time of framing of charges and answering the charges and at the time of questioning under Section 313 Cr.P.C., at the time of passing of the final judgement and as and when required by the Court below. The petitioner shall appear before the concerned Court and execute a bond under Section 88 Cr.P.C..

4.Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.115 of 2023, 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. 3/4

N.ANAND VENKATESH, J ssr SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous petitions are also closed.

13.03.2024 Index : Yes/No Speaking order:Yes/No ssr To 1.The Metropolitan Magistrate- Thiruchengode. 2.The Forest Range Officer, Namakkal.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P. No.6144 of 2024 and Crl.M.P. Nos.4481 & 4482 of 2024 4/4