P.Ajith Kumar vs The State Rep. By
2021 Latest Caselaw 4394 Mad

                                                                                 Crl. OP No.3296 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 19.02.2021

                                                         CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl. OP No.3296 of 2021
                                          and Crl. MP Nos.1866 & 1868 of 2021

                     1. P.Ajith Kumar

                     2. P.Ranjith Kumar                              ... Petitioners/Accused 2 & 3

                                                             vs.
                     1. The State Rep. by
                        Inspector of Police,
                        Economic Offence Wing,
                        Villupuram DCB,
                        Villupuram District 605 602.          ..1st Respondent /Complainant

                     2. Raja @ Pushparaj                     ... 2nd Respondent/ Defacto Complainant


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

                     Criminal Procedure, to quash the proceedings in C.C.No.88 of 2020 pending

                     on the file of the Chief Judicial Magistrate, Villupuram.

                                           For Petitioners    : Mr. T.K.Saravanan
                                           For Respondents : Mr.C.Raghavan,
                                                             Government Advocate, for R1


                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                   Crl. OP No.3296 of 2021

                                                           ORDER

This petition has been filed seeking to quash the proceedings in

C.C.No.88 of 2020 pending on the file of Chief Judicial Magistrate,

Villupuram.

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

petitioners 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 petitioners 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 six 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 petitioners adopts any dilatory tactics, it is open

to the trial Court to insist upon the presence of the petitioners and

https://www.mhc.tn.gov.in/judis/ Crl. OP No.3296 of 2021

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 petitions are

also closed.

                                                                                 19.02.2021
                     Index      : Yes/No
                     Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

1. The Chief Judicial Magistrate, Villupuram.

2. The Inspector of Police, Economic Offence Wing, Villupuram DCB, Villupuram District 605 602

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

https://www.mhc.tn.gov.in/judis/ Crl. OP No.3296 of 2021

N. ANAND VENKATESH, J.

jv

Crl. OP No.3296 of 2021 and Crl. MP Nos.1866 & 1868 of 2021

19.02.2021

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