Kannan Vs The State of Tamil Nadu

PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the entire records pertaining to the proceedings in C.C No. 1147 of 2023 on the file of the learned Judicial Magistrate No.I, Tirunelveli and quash the same as far as the petitioner is concerned.

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For Petitioners : Mr.R.L.Dhilipan Pandian For Respondents : Mr.S.Ravi (R1) Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.15524 of 2024

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ORDER

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This Criminal Original Petition is filed to call for the records pertaining

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to the case in C.C No. 1147 of 2023 on the file of the learned Judicial Magistrate No.I, Tirunelveli.

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It is the contention of the learned counsel appearing for the petitioners that there is no case made out from the materials collected by the prosecution as against the petitioners. Hence, he seeks to quash the final report.

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The very submissions of the learned counsel appearing for the petitioners indicate that trial has already commenced and almost all the prosecution witnesses were examined. As the substantive evidence had already come on record and documents have also been filed by the witnesses, at this stage, this Court cannot conduct a mini trial. This Court, exercising its jurisdiction under Section 528 BNSS, cannot conduct a roving enquiry or mini trial as held by the Hon'ble Supreme Court in Gunmala Sales Private Limited

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v. Anu Mehta and others reported in (2015) 1 SCC 103 . Since trial has already commenced, it is for the trial Court to take note of it and proceed as per law.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.15524 of 2024

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Hence this Court is not inclined to quash the proceedings. However, the trial Court is directed to complete the trial as expeditiously as possible in C.C No. 1147 of 2023 on the file of the learned Judicial Magistrate No.I, Tirunelveli, within a period of three months from the date of receipt of a copy of this order.

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However, considering the facts and circumstances of this case, the personal appearance of the petitioners before the Trial Court is ordered to be dispensed with, on conditions that the petitioners shall appear at the time of initial questioning, proceedings under Section 313 Cr.P.C., / 351 BNSS, 2023 and at the time of passing judgment and on all the hearings, specifically directed by the Trial Court.

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The petitioners shall appear before the Court, in the event their presence is insisted by the learned Trial Judge for the purpose of identification. If the petitioners adopt any dilatory tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the law laid down by the Hon'ble Supreme Court of India, in the case of State of UP vs. Shambunath Singh¹ . Accordingly, Crl.M.P.(MD)No.9176 of 2024 is allowed.

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