M.Vigneswara Pandian v. M.Arumugam
Case at a glance
Outcome
Disposed of
This criminal original petition is disposed of with a direction to the learned Judicial Magistrate (FTC), Palani to dispose of C
Provisions considered
- Code of Criminal Procedure, 1973 ss. 313, 482
Judgment
Crl.O.P.(MD).No.19447 of 2022BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 24.01.2025CORAMTHE HON'BLE MR.JUSTICE N.ANAND VENKATESHCrl.O.P.(MD).No.19447 of 2022andCrl.M.P.(MD). Nos.13229 and 13230 of 2022M.Vigneswara Pandian... Petitioner / Sole AccusedVs.M.Arumugam...Respondent / Defacto ComplainantPRAYER: 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.6 of 2022 on the file of the learned Fast Track Court at Magisterial Level, Palani and quash the same. For Petitioner: Mr.T.Lenin KumarFor Respondent: NAORDER This petition has been filed to quash the proceedings pending in C.C.No.6 of 2022 on the file of the learned Fast Track Court at Magisterial Level, Palani. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.19447 of 20222. The learned counsel for the petitioner submitted that the trial has already commenced in this case.
Operative part
In view of the same, this Court is not inclined to interfere with the proceedings at this stage. It is left open to the petitioner to raise all the grounds before the Trial Court and the same will be considered on its own and in accordance with law.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 below at the time of questioning under Section 313 Cr.P.C and at the time of passing of the final judgement.4. This criminal original petition is disposed of with a direction to the learned Judicial Magistrate (FTC), Palani to dispose of C.C.No.6 of 2022 within a period of 4 months from the date of receipt of a copy of this order.
The trial shall be conducted on a day to day basis in 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.19447 of 2022accordance 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, the connected miscellaneous petitions are also closed.. 24.01.2025 NCC : Yes / NoIndex : Yes / NoInternet : Yes / NopalToThe Judicial Magistrate (FTC), Palani .3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.19447 of 2022N.ANAND VENKATESH,J.palOrder made in Crl.O.P.(MD).No.19447 of 202224.01.2025 4/4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This criminal original petition is disposed of with a direction to the learned Judicial Magistrate (FTC), Palani to dispose of C
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 313, 482.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.