R.Hariharan vs The State Represented By
2021 Latest Caselaw 15147 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. 8955 OF 2018
                                        and Crl.M.P.Nos.4627 and 4628 of 2018

                      R.Hariharan                                               .. Petitioner

                                                           - Vs -

                      The State represented by
                      The Senior Drugs Inspector
                      O/o.The Assistant Director of Drugs Control
                      Coimbatore zone,
                      No.219 Race Course Road
                      Coimbatore 18.                                            .. Respondent

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

                      Procedure, to call for the records in C.C.No.88/2014 on the file of the

                      learned Judicial Magistrate No.I Coimbatore and quash the same as against

                      the petitioner.

                                    For Petitioner      : Mr. R.Vivekananthan

                                    For Respondent      : Mr. C.E.Pratap
                                                        Government Advocate (Crl. side)



                      1/4


http://www.judis.nic.in
                                                                                   _______________
                                                                                CRL. O.P. NO. 13197/2010



                                                        ORDER

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

No.88/2014 on the file of the learned Judicial Magistrate No.I, Coimbatore,

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

http://www.judis.nic.in _______________ CRL. O.P. NO. 13197/2010

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

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 Judicial Magistrate No.I
                         Coimbatore.

                      2.The Senior Drugs Inspector

O/o.The Assistant Director of Drugs Control Coimbatore zone, No.219 Race Course Road Coimbatore 18.

3. The Public Prosecutor High Court, Madras.

http://www.judis.nic.in _______________ CRL. O.P. NO. 13197/2010

M.DHANDAPANI, J.

RR

CRL. O.P. NO. 8955 OF 2018

28.07.2021

http://www.judis.nic.in