Mageswaran vs The State Rep.By
2021 Latest Caselaw 2314 Mad

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                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 02.02.2021

                                                       CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                            CRL.O.P No.1679 of 2017
                                                      and
                                        Crl.M.P Nos.1205 & 1206 of 2017


                     Mageswaran                                                   ...Petitioner

                                                         Vs.

                     The State rep.by
                     The Inspector of Police,
                     Chettipalayam Police Station,
                     Coimbatore.                                                 ..Respondent


                     PRAYER :         Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, praying to call for the records pertaining
                     to PRC No.24 of 2016, on the file of the Judicial Magistrate No.VII
                     at Coimbatore and to quash the same.


                                     For Petitioners          : Mr.J.Venugopal
                                     For Respondent           : Mr.C.Raghavan
                                                                Government Advocate
                                                                for 1st respondent



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

This petition has been filed seeking to call for the records

in PRC No.24 of 2016, on the file of the Judicial Magistrate No.VII

at Coimbatore, and to quash the same.

2. The grounds raised by the learned 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 Accordingly, this Criminal Original Petition is dismissed

and the Court below is directed to commit the case in PRC No.24

of 2016, within a period of two months from the date of receipt

of a copy of this order to the concerned Sessions Court and the

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

trial Court shall complete the proceedings within a period of three

months thereafter. The trial shall be conducted on a day to day

basis in accordance with the guidelines given by the Hon'ble

Supreme Court in Vinod Kumar v. State of Punjab reported

in [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 v. Shambhu Nath Singh and Others reported in (JT

2001 (4) SC 3191). Consequently, connected miscellaneous

petitions are also closed.

02.02.2021

Index: Yes/No Internet: Yes/No KP

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

To

1.The Inspector of Police, Chettipalayam Police Station, Coimbatore.

2. Judicial Magistrate No.VII, Coimbatore.

3. The Public Prosecutor, High Court, Madras

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

N.ANAND VENKATESH.J.,

KP

CRL.O.P No.1679 of 2017

02.02.2021

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