Isai Nila v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.7430 of 2024 and Crl.M.P.Nos.5392 & 5393 of 2024 Isai Nila, W/o.Madhukumaran ... Petitioner Vs.
1. The State represented by.
The Inspector of Police, Central Crime Branch, Forged Documents Wing, Team - XXV, Vepery, Chennai - 600 007.
2. N.Rajarajan, S/o.Neethimannan ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records in C.C.No.7118 of 2023 pending on the file of the Metropolitan Magistrate for exclusive trial of CCB cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai - 600 008 and quash the same insofar as the petitioner concern. For Petitioner : Mr.Sarath Chandran for Mr.G.Viswanathan For Respondents : Mr.A.Gopinath Government Advocate [Crl.side] [R1] ***** 1/4
O R D E R
This petition has been filed seeking to quash the proceedings in C.C.No.7118 of 2023 on the file of Metropolitan Magistrate for exclusive trial of CCB cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai.
2. The grounds raised by learned counsel for 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. 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 2/4
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 framing of charges, at the time of questioning under Section 313 Cr.P.C and at the time of passing of the final judgment and as and when required by the Court below. The petitioner shall also execute a bond u/s.88 Cr.P.C. before the Court below.
4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.7118 of 2023 as expeditiously as possible.
5. 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 N.ANAND VENKATESH, J.
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gm PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous petitions are closed. 27.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To
1. The Inspector of Police, Central Crime Branch, Forged Documents Wing, Team - XXV, Vepery, Chennai - 600 007.
2. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.7430 of 2024 4/4