Rajkumar vs The State Rep. By
2021 Latest Caselaw 1993 Mad

                                                                                Crl. OP No.1214 of 2021
                                                                      and Crl. MP Nos.743 & 744 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 29.01.2021

                                                           CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl. OP No.1214 of 2021
                                           and Crl. MP Nos.743 & 744 of 2021

                     Rajkumar                                               ... Petitioner/Accused
                                                            vs.
                     1. The State rep. By
                        Inspector of Police,
                        Gurubarapalli Police Station,
                        Krishnagiri District.
                       (Crime No.152 of 2019)                      ...1st Respondent/Complainant

                     2. Sarasu                               ... Respondent/ Defacto Complainant

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

                     Criminal Procedure, to call for the records relating to C.C.No.315 of 2020

                     on the file of Additional Mahila Court, Krishnagiri and to quash the same.



                                          For Petitioner     : Mr. C.Prabakaran
                                          For Respondents : Mr.C.Raghavan,
                                                            Government Advocate, for R1




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl. OP No.1214 of 2021
                                                                       and Crl. MP Nos.743 & 744 of 2021



                                                           ORDER

This petition has been filed seeking to quash the proceedings in C.C.

No.315 of 2020 pending on the file of Additional Mahila Court, Krishnagiri.

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.1214 of 2021 and Crl. MP Nos.743 & 744 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.

                                                                                    29.01.2021
                     Index      : Yes/No
                     Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

1. The Inspector of Police, Gurubarapalli Police Station, Krishnagiri District.

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

https://www.mhc.tn.gov.in/judis/ Crl. OP No.1214 of 2021 and Crl. MP Nos.743 & 744 of 2021

N. ANAND VENKATESH, J.

jv

Crl. OP No.1214 of 2021 and Crl. MP Nos.743 & 744 of 2021

29.01.2021

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