Vignesh Chinna Durai v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18029 of 2023 and Crl.M.P.Nos.11912 and 11913 of 2023 Vignesh Chinna Durai

...Petitioners

vs.

The State Represented by Inspector of Police, Prohibition Enforcement Wing, Anna Nagar, Chennai.

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.1789 of 2023 pending on the file of learned V Metropolitan Magistrate, Egmore, Chennai and quash the same.

For Petitioner : Mr.Abdulsaleem, Senior counsel, for M/s.AAV Partners For Respondent : Mr.Damodaran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.1789 of 2023 pending on the file of learned V Metropolitan Magistrate, Egmore, Chennai and quash the same.

Page No.1/4

2. The grounds raised by the 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 appear before the Court below as and when required by the Court below and during all the other times, he shall be permitted to be represented by the counsel. The petitioner shall be present before the Court below at the time of framing charges under Sections 240 of CrPC and questioning under Section 313 of the Code of Criminal Procedure and at the time of 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.1789 of Page No.2/4

2023 within a period of six 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.

14.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa Page No.3/4

N. ANAND VENKATESH, J.

nsa To 1.The V Metropolitan Magistrate, Egmore, Chennai 2.The Inspector of Police, Prohibition Enforcement Wing, Anna Nagar, Chennai.

3. The Public Prosecutor, Madras High Court, Chennai 600 104..

Crl.O.P No.18029 of 2023 and Crl.M.P.Nos.11912 & 11913 of 2023 14.08.2023 Page No.4/4