M.Suresh v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.10007 of 2023 1.M.Suresh S/o.Muniraju 2.M.Muniraju S/o.Mannugan

...Petitioners

Vs State represented by 1.The Inspector of Police, Marandahalli Police Station, Palacode Taluk, Dharmapuri District.

2.Saroja W/o.Murugan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the entire records relating to the above case in the impugned final report in C.C.No.135 of 2022, on the file of the Judicial Magistrate, Palacode, Dharmapuri District and quash the same.

For Petitioners : Mr.Secular S Arunkumar 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 second respondent against the petitioner under Sections 294(b), 323, 354 and 506(2) IPC.

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. 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 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 witnesses on the same day, they are examined in Chief. The petitioner shall be present before the Court below at the time of questioning under Section 2/4

313 Cr.P.C and at the time of passing of the final judgment and whenever the Court below insists for the appearance of the petitioner.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.135 of 2022 within a period of six (6) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is also closed. 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 v. Shambhu Nath Singh (JT 2001 (4) SC 3191).

19.07.2023 Index : Yes/No Speaking order:Yes/No gm 3/4

N.ANAND VENKATESH, J gm To 1.The Judicial Magistrate, Palacode, Dharmapuri District.

2.The Inspector of Police, Marandahalli Police Station, Palacode Taluk, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

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