Madras High Court
Subramania Athithan vs State Rep. By on 28 January, 2019
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.01.2019
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.[MD].No.21318 of 2018
and
Crl.M.P(MD)Nos.9859 & 9860 of 2018
1.Subramania Athithan
2.Manimathan
3.Ramesh ... Petitioners/Accused Nos.1 to 3
vs.
1.State rep. by
The Sub Inspector of Police,
Thiruchendur Police Station,
Thiruchendur,
Thoothukudi District.
(Crime No.63 of 2014) ... 1st Respondent/Complainant
2.S.Sakthivel
Formerly Sub Inspector of Police,
Thiruchendur Police Station,
Thiruchendur. ...2nd respondent/Investigating
Officer in Crime No.63/14
u/s.379 of IPC)
3.M.Suresh ...3rd respondent/Defacto
Complainant
4.V.Murugesan ...4 Respondent/Listed
th
Witness No.2
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C. to call for the records in C.C.No.46 of 2015, on the file of the
learned Judicial Magistrate Court, Thiruchendur and quash the
same.
http://www.judis.nic.in
2
For Petitioners : Mr.N.Vijayarajan
For R1 : Mr.R.Anandharaj,
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.46 of 2015, pending on the file of the Judicial Magistrate, Thiruchendur, for the alleged offence under Section 379 of IPC.
2.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the trial has commenced and the witnesses 1 to 3 have been examined in chief. He would also submit that the P.W.2 has spoken about the presence of the petitioner.
3.The learned counsel for the petitioner would submit that there is no specific implication about the petitioner having removed the stones. He would further submit that the first petitioner has completed his law degree and he is not able to entroll due to the pendency of this case.
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4. This Court is of the opinion that all these grounds are matter for trial and now that the trial has commenced and this Court does not find any ground to interfere with the proceedings, pending before the Court below.
5.At this juncture, the learned Counsel for the petitioners submitted that the presence of the petitioners before the Trial Court may be dispensed with.
6.Accepting the said submission, the presence of the petitioners before the trial Court shall be dispensed with on condition that they shall be duly and properly represented by a counsel on all hearing dates and that they will make themselves available before the Court for questing U/s.313 Cr.P.C., and on the day of the judgment.
7.The petitioners are further directed to give an undertaking in the form of affidavit that the Counsel representing them will cross examine the complainant and his witnesses on the day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence is insisted by the trial judge for the http://www.judis.nic.in 4 purpose of identification. If the petitioners adopt any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.
8. With the above observation, the Criminal Original Petition stands dismissed. However, there shall be a direction to the learned Judicial Magistrate, Tiruchendur to dispose the case in C.C.No.46 of 2015, within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. No costs.
28.01.2019
Index : Yes/No
Internet : Yes/No
am
http://www.judis.nic.in
5
To
1.The Sub Inspector of Police,
Thiruchendur Police Station,
Thiruchendur,
Thoothukudi District.
2.The Judicial Magistrate,
Tiruchendur.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 6 A.D.JAGADISH CHANDIRA, J.
am Crl.O.P.[MD].No.21318 of 2018 28.01.2019 http://www.judis.nic.in