The High Court dismissed a criminal original petition challenging the dismissal of an application to produce the complainant's Income Tax Returns, finding no satisfactory reason for seeking documents belatedly at the end of a trial pending for six years.
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Crl.OP.No.25297 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Criminal Original Petition No.25297 of 2024 and Crl. MP No.14184 of 2024
R.Geetha ... Petitioner Vs. Bale Pandian ... Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. and 528 of BNSS, praying to set aside the order dated 06.04.2024 passed in Crl. MP. No.618 of 2024 in S.T.C.No.878 of 2021 on the file of the
XIV Small Causes Court at Chennai.
For Petitioner : No appearance
**********
O R D E R
No representation for the petitioner for the second consecutive
hearing.
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Crl.OP.No.25297 of 2024
2. The petition filed under Section 91 Cr.P.C. to produce the
Income Tax Returns of the complainant was dismissed by the Trial Court
on the ground that the case being pending for nearly six years. The Application for production of document filed after questioning the accused under Section 313 of Cr.P.C. regarding incriminating evidence shows that the intention of the petitioner is to drag the proceedings.
3. Being aggrieved the present petition is filed, however there is no
representation for the petitioner. The perusal of the petition does not disclose any satisfactory reason for calling for the income tax returns of the complainant belatedly at the fag end of the trial.
4. Hence the Criminal Original Petition stands dismissed.
Consequently, the connected miscellaneous petition is closed.
18.10.2024
Index: Yes/No Internet: Yes/No jv
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Crl.OP.No.25297 of 2024
To
1. The XIV Judge, Small Causes Court, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai 600 104.
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Crl.OP.No.25297 of 2024
Dr.G.JAYACHANDRAN,J.
jv
Criminal Original Petition No.25297 of 2024
18.10.2024
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1 issue framed by the court
Whether the High Court should exercise its inherent powers to set aside the trial court's dismissal of an application for production of Income Tax Returns.
2 provisions across 2 enactments
R.Geetha
Bale Pandian
Dr.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
