Madras High CourtCRL OP/28943/2022disposed of

Arumugam Arungiri v. Origin Itfs Private Limited.

2023-09-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.28943 and 28948 of 2022 and Crl.MP Nos.17710 and 17714 of 2022 1.Mr.Arumugam Arungiri (M/74) S/o.Arumugam 2.Mr.Arunagiri Rajagiri (F/68) W/o.Mr.Arumugam Arungiri .. Petitioners /Accused 2 & 3 in Crl.OP.No.28943 of 2023 1.Mr.Arumugam Arungiri (M/74) S/o.Arumugam 2.Mrs. Rajakumari. A (F/68) W/o.Mr.Arumugam Arungiri .. Petitioners /Accused 2 & 3 in Crl.OP.No.28948 of 2023 .Vs.

Origin ITFS Private Limited Rep.by its General Manager M.Mathialagan Having office at 2/1 Dr.V.S.I.Estate Thiruvanmiyur Chennai-41.

.. Respondent in Both Crl.OPs COMMON PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating in connection with the above said C.C.Nos.14 and 39 of 2022, pending on the file of the Fast Track Court, Alandur and quash the same.

For Petitioners : Mrs.P.Rajalakshmi (Both Crl.OPs) For Respondent : Mr.R.Harikrishnan (Both Crl.OPs) for Mr.J.Adithya Reddy COMMON ORDER These criminal original petitions have been filed to quash the proceedings in C.C.Nos.14 and 39 of 2022, pending on the file of the Fast Track Court, Alandur and quash the same.

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 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, these Criminal Original Petitions are dismissed and the Court below is directed to complete the proceedings in C.C.Nos.14 and 39 of 2022, pending on the file of the Fast Track Court, Alandur, within a period of four months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are also closed. 25.9.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order KP To The Fast Track Court, Alandur.

N. ANAND VENKATESH, . J.

KP Crl.O.P No.28943 and 28948 of 2022 25.09.2023