CRL.OP(MD). No.23497 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025 CORAM THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.OP(MD). No.23497 of 2023 and CRL.MP(MD). Nos.18283 and 18284 of 2023 Ashok Kumar ... Petitioner / Sole Accused Vs. 1.The State rep by, The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai. (Crime No.150 of 2022) ... 1st Respondent / Complainant 2. Nithya ... 2nd Respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to the final report in C.C.No.49 of 2023 on the file of the learned Judicial Magistrate, Additional Mahila Court, Pudukkottai. For Petitioner : Mr.K.S.Durai Pandian For R1 : Mr.A.Albert James, 1/5 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.23497 of 2023 Government Advocate (Crl. Side) For R2 : NA ORDER This petition has been filed challenging the charge-sheet filed in C.C.No.49 of 2023 on the file of the learned Judicial Magistrate, Additional Mahila Court, Pudukkottai. 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. The petitioner 2/5 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.23497 of 2023 shall be present before the Court at the time of framing of charges and at the time of questioning under Section 313 of Cr.P.C., and at the time of passing of the judgment. The counsel representing the petitioner shall cross examine the witnesses on the same day they are examined in Chief. 4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C. No.49 of 2023, 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 her 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. 03.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No pal 3/5 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.23497 of 2023 To 1. The Judicial Magistrate, Additional Mahila Court, Pudukkottai . 2. The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.23497 of 2023 N.ANAND VENKATESH,J. pal Order made in CRL.OP(MD). No.23497 of 2023 03.01.2025 5/5 https://www.mhc.tn.gov.in/judis