M.Mohamad Nawaz vs S.Syed Mustafa
2021 Latest Caselaw 2664 Mad

                                                                                  Crl. OP No.88 of 2019
                                                                              and Crl. MP No.58 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 04.02.2021

                                                           CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl. OP No.88 of 2019
                                              and Crl. MP No.58 of 2019

                     M.Mohamad Nawaz                                      ... Petitioner/Accused

                                                            vs.

                     S.Syed Mustafa                                  ... Respondent/ Complainant


                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of

                     Criminal Procedure, to call for the records pertaining to the case in STC

                     No.178 of 2018 pending on the file of the learned Judicial Magistrate (Fast

                     Track), Tiruchengode, quash the same.



                                          For Petitioner     : Mr. N.Manokaran
                                          For Respondent     : Mr.A.R.Nixon




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                  Crl. OP No.88 of 2019
                                                                              and Crl. MP No.58 of 2019



                                                           ORDER

This petition has been filed seeking to quash the proceedings in STC

No.178 of 2018 pending on the file of the learned Judicial Magistrate (Fast

Track), Tiruchengode.

2. The grounds that have been raised by the learned counsel for the

petitioner is purely factual in nature and this Court cannot go into the same

in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to

the petitioner to raise these grounds before the Court below and the Court

below shall consider the same on its own merits and in accordance with law.

3. This Criminal Original Petition is disposed of with a direction to

the Court below to complete the proceedings, 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

https://www.mhc.tn.gov.in/judis/ Crl. OP No.88 of 2019 and Crl. MP No.58 of 2019

remand him 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, connected miscellaneous petition is also

closed.

                                                                                    04.02.2021
                     Index      : Yes/No
                     Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

1. The Judicial Magistrate (Fast Track), Tiruchengode.

2. The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl. OP No.88 of 2019 and Crl. MP No.58 of 2019

N. ANAND VENKATESH, J.

jv

Crl. OP No.88 of 2019 and Crl. MP No.58 of 2019

04.02.2021

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