Aruna Thotakura v. Coastal Energy Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18222 of 2023 and Crl.M.P.No.12085 of 2023 Mrs.Aruna Thotakura, Director, Balaji Swamy Premium Steels Private Limited and Lakshmi Balaji Prime Energy Private limited, Door No.1-76, Lakshmi Nagar, Somasundaram Post, Bellary, Karnataka 583 103

...Petitioners

vs.

Coastal Energy Private Limited, Rep by its Assistant Manager (Taxation)-Mr.O.Anil, Buhari Towers, 5th Floor, No.4, Moores Road, Chennai 600 006.

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the proceedings in C.C.No.262 of 2014 pending on the file of XXVI MM at Egmore and quash the same.

For Petitioner : Mr.C.Hanumantha Rao Page No.1/4

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.262 of 2014 pending on the file of XXVI Metropolitan Magistrate Court at Egmore and quash the same.

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 second petitioner is dispensed with and she shall appear before the Court below as and when required by the Court below and during all the other times, she shall be permitted to be represented by the counsel. The petitioner shall be present before the Court Page No.2/4

below at the time of 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.262 of 2014 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 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 petition is 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 XXVI Metropolitan Magistrate Court Egmore

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

Crl.O.P No.18222 of 2023 and Crl.M.P.No.12085 of 2023 14.08.2023 Page No.4/4