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Venkata Saravanan @ Chathurvedhi Samiyar v. the Inspector of Police

Madras HC9 Apr 2021CRL OP/27877/2018

Case brief

AI extract

What is this about?

The High Court set aside an order declaring the petitioner a proclaimed offender and directed the Trial Court to club two criminal cases and conclude the trial within six months.

What did the court decide?

Impugned order set aside; petitioner directed to appear for every hearing; Trial Court directed to club S.C.No.198 of 2019 with S.C.No.387 of 2005 and conclude trial within six months.

Venkata Saravanan @ Chathurvedhi Samiyar Vs the… — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.04.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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CRL.O.P.No.27877 of 2018

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Venkata Saravanan @ Chathurvedhi Samiyar ..Petitioner/Respondent/Accused-1

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Vs.
1.The State rep by
Inspector of Police,
Central Crime Branch,
7 th Team, Egmore,
Chennai 600 008.
2.Dr.B.Suresh ..Respondents

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2^nd respondent is impleaded as per the order of this Court dated 14.12.2018 made in Crl.M.P.No.17233 of 2018 in Crl.O.P.No.27877 of 2018

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., against the judgment and order in Crl.M.P.No.12966 of 2018 dated 12.10.2018 in S.C.No.387 of 2005 on the file of the Sessions Judge, Mahila Court, Chennai.

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For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.K.Prabakar, APP for R1

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O R D E R

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This criminal original petition has been filed against the judgment and order passed in Crl.M.P.No.12966 of 2018 dated 12.10.2018 in S.C.No.387 of 2005 on the file of the Sessions Judge, Mahila Court, Chennai.

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The learned counsel for the petitioner submitted that due to illness and unforeseen situation, the petitioner is unable to appear before the Trial Court. Therefore, the Trail Court declared him as a proclaimed offender. He also submitted that the petitioner is now willing to appear before the Trial Court to complete the trial without any adjournment.

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The learned Additional Public Prosecutor has no serious objection to set aside the order passed by the Trial Court. However, he seeks direction of this Court to permit the petitioner to appear before the Trial Court and complete the https://hcservices.ecourts.gov.in/hcservices/ trial within a reasonable time fixed by this Court.

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The learned counsel for the intervenor also has no objection for seeking such direction.

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Considering the facts and circumstances of the case, due to non-appearance of the petitioner, the impugned order was passed. Now, though various reasons raised for non appearance, however, without going into the merits of the case, this Court is inclined to set aside the order passed by Trial Court by issuing direction to the petitioner to appear before the Trial Court for each and every hearing without prolonging the matter.

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The Trial Court is directed to club the case in S.C.No.198 of 2019 along with the main case in S.C.No.387 of 2005 and conduct the joint trial and conclude the trial within a period of six months from the date of receipt of a copy of this order, without any unnecessary adjournments.

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Accordingly, the judgment and order passed by the
Trial Court in Crl.M.P.No.12966 of 2018 dated 12.10.2018 in
S.C.No.387 of 2005, is hereby set aside and this Criminal
Original Petition stands disposed of. The petitioner is at
liberty to file a recall petition under Section 70(2) of
Cr.P.C., to recall the warrant, if necessary.
gsk
-s/d-
Assistant Registrar(CS-IV)
True Copy
Sub-Assistant Registrar
To
1.The Inspector of Police,
Central Crime Branch,
7 th Team, Egmore, Chennai 600 008.
2.The Sessions Judge, Mahila Court, Chennai.
3.The Public Prosecutor,
High Court, Madras.

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Crl.O.P.No.27877 of 2018

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AK(CO) EU 4/06/2021

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https://hcservices.ecourts.gov.in/hcservices/

Venkata Saravanan @ Chathurvedhi Samiyar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Venkata Saravanan @ Chathurvedhi Samiyar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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