R.Maragathamani, Aged 50 Years v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P No.2540 of 2018 and Crl.M.P Nos.1042 & 1043 of 2018

1. R.Maragathamani

2. K.Ravichandran

3. R.Ganesh

...Petitioners

Vs.

1. State Rep. by The Inspector of Police, Central Crime Branch, EDF - III, Team XXI, Chennai - 600 007.

Crime No. 45 of 2015 ...1st Respondent/Complainant

2. C.S.Chandra ..2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to the Charge Sheet filed by the 1st Respondent in C.C.No.166 of 2017 on the file of Learned Judicial Magistrate No.1, Poonamallee and quash the same.

For Petitioners : M/s. G.Daisy John For Respondents : Mr.A.Gopinath - For R1 Government Advocate (Crl. Side) : Mr.S.Kumaradevan - For R2

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioners under Sections 28, 406 and 420 of IPC @ 120 (b), 419, 465, 467, 468, 471, 420 of Indian Penal Code.

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 Chief. The petitioners 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.166 of 2017 within a period of three 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 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 smn To

1. The Learned Judicial Magistrate No.I, Poonamallee

2. The Chief Judicial Magistrate, Chennai.

3. The Inspector of Police, Central Crime Branch, EDF - III, Team XXI, Chennai - 600 007.

4. The Public Prosecutor, High Court, Madras +1cc to M/s.G.Daisy John, Advocate, S.R.No.32404 +1cc to Mr.S.Kumaradevan, Advocate, S.R.No.31890 CRL.O.P No.2540 of 2018 and Crl.M.P Nos.1042 & 1043 of 2018 UM(CO) RGA(05/08/2021)