Ramaiya v. Forest Range Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.Nos.10236 and 10237 of 2023 Ramaiya .. Petitioner

Versus

The State represented by The Forest Range Officer Kundha, Kundha Range.

(Crime No.04 of 2020) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in C.C.No.54 of 2020 pending on the file of the learned Judicial Magistrate, Udhagamandalam and quash the same as against the petitioners.

For Petitioner : Mr.R.Vivekananthan For Respondents : Mr.A.Damodaran, Additional Public Prosecutor for R1 1/4

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 2(14), (16), (a), Sections 9, 39(1)(a), (b), (d), Section 50(a)(b)(c) r/w 51 of the Wildlife (Protection) Act, 1972.

2. The grounds raised by the learned 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. 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. 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 crossexamine the witnesses on the same day they are examined in Chief. The 2/4

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 judgment.

4. Accordingly, this Criminal Original Petition is disposed off with a direction to the Court below to complete the proceedings in C.C.No.54 of 2020 within a period of four 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 petitioner 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.

19.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs 3/4

N.ANAND VENKATESH, J.

grs To

1. The Judicial Magistrate, Udhagamandalam.

2. The Public Prosecutor, High Court of Madras.

3. The Forest Range Officer Kundha, Kundha Range.

and Crl.M.P.Nos.10236 and 10237 of 2023 19.07.2023 4/4