Madras High CourtCRL OP/1747/2018disposed of

Sivamani, Aged 48 v. State Represented By

2021-08-25Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.1747 of 2018 and Crl.M.P.No.3962 of 2019, 671 & 672 of 2018 1.Sivamani 2.Pandiyan 3.Velu ... Petitioners/Accused 1, 3 & 4 Vs.

1.State Represented by Sub-Inspector of Police, B-8, Pullarambakkam Police Station, Thiruvallur District.

2.Venkatesan ... Respondents/Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.246/2017 pending on the file of Judicial Magistrate No.I, Thiruvallur, Thiruvallur District quash the charge sheet.

For Petitioners: Mr.R.Balakrishnan For Respondent : Mr.C.E.Pratap Government Advocate for R1 M/s.R.Prabakar for R2

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 294(b), 323, 324 of IPC read with Section 4 of W.H.Act in Cr.No.250 of 2017.

2. The grounds raised by the counsel for the petitioners 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 petitioners 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 petitioners requested this Court to dispense with the presence of the petitioners. Taking into consideration, the facts and circumstances of the case, the presence of the petitioners is dispensed with and they shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in https://hcservices.ecourts.gov.in/hcservices/

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.246 of 2017 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 petitioners 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.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar rli To 1.Sub-Inspector of Police, State of Tamil Nadu B-8, Pullarambakkam Police Station, Thiruvallur District.

2. The Judicial Magistrate No.I, Thiruvallur, Thiruvallur District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Prabakar, Advocate, S.R.No.43359 +1cc to Mr.R.Balakrishnan, Advocate, S.R.No.42956 Crl.O.P.No.1747 of 2018 and Crl.M.P.No.3962 of 2019, 671 & 672 of 2018 PVS(CO) GN(11/10/2021) https://hcservices.ecourts.gov.in/hcservices/