R.Krishnasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.19026 of 2022 and Crl.MP (MD) Nos.12831 and 12833 of 2022 R.Krishnasamy ...petitioner/Accused Vs.

1. The State Rep. By Inspector of Police, The City Crime Branch Madurai City, Madurai.

Crime No.37 of 2021 ..1st respondent/ Complainant

2. Mrs.Vidhya ..2nd respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records and quash the impugned proceedings in C.C.No.10 of 2022 on the file of the learned Judge, Special Court for Exclusive Trial of Land Grabbing Cases, Madurai

For Petitioner : Mr.S.Jeevanandham For Respondents : Mr.S.Ravi Adl.Public Prosecutor for 1st respondent Ms.K.R.Shiva Shankari for R2

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 341, 465, 466, 467 and 468 of IPC.

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 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 at the time of framing of charges and at the time of questioning under Section 313(i)(b) Cr.P.C and at the time of passing of the 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.10 of 2022 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 adopt 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. 24.01.2025 Index: Yes/No Internet: Yes/No PKN To

1. Learned Judge, Special Court for Exclusive Trial of Land Grabbing Cases, Madurai.

2. The Addl. Public Prosecutor, Madurai Bench of Madras High Court.

N.ANAND VENKATESH.J., PKN CRL.O.P No.19026 of 2022 24.01.2025