Kannan vs The Inspector Of Police
2021 Latest Caselaw 15146 Mad

                                                                                  CRL. O.P. NO. 8955/2018

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATE : 28.07.2021

                                                        CORAM

                               THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                           CRL. O.P. NOS. 9797 OF 2018
                                       and Crl.M.P.Nos.5051 and 5052 of 2018

                      Kannan                                                     .. Petitioner

                                                          - Vs -

                      1.The Inspector of Police,
                        All Women Police Station,
                        Namakkal
                        Crime No.05/2016.

                      2.Santhi                                                   .. Respondents

                            Criminal Original Petition filed u/s 482 of the Code of Criminal

                      Procedure, to call for the final report in S.C.No.46 of 2017 on the file of the

                      Fast Track Mahila Court, Namakkal and quash the same.

                                   For Petitioner      : Mr.K.A.Prabaharan

                                   For Respondent      : Mr. C.E.Pratap for R1
                                                       Government Advocate (Crl. side)
                                                       Mr.T.Velu for R2




                      1/4


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                                                                                 CRL. O.P. NO. 9797/2018

                                                        ORDER

The present revision has been filed to call for the records in S.C.

No.46/2017 on the file of the Fast Track Mahila Court, Namakkal and quash

the same.

2. The grounds raised by the 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. The learned counsel for the petitioner requested this Court to

dispense with the presence of the petitioners. Taking into consideration the

request as made by the learned counsel for the petitioners, his appearance

before the trial court is dispensed with except for his appearance for the

purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of

charges, questioning under Section 313 Cr.P.C. and on the day on which

http://www.judis.nic.in CRL. O.P. NO. 9797/2018

judgment is to be pronounced. However, if for any particular reason, the

presence of the petitioner is necessary, the trial court, at its wisdom, shall

direct their appearance on those days.

4. Accordingly, this Criminal Original Petition is disposed of.

Consequently, connected miscellaneous petitions are also closed.

                                                                                  28.07.2021
                      Index        : Yes / No
                      Internet : Yes
                      RR
                      To
                      1.The Fast Track Mahila Court,
                        Namakkal

                      2.The Inspector of Police,
                        All Women Police Station,
                        Namakkal

                      3. The Public Prosecutor
                         High Court, Madras.





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                                            CRL. O.P. NO. 9797/2018



                                       M.DHANDAPANI, J.


                                                          RR




                            CRL. O.P. NO. 9797 OF 2018




                                                    28.07.2021





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