Kathirvel vs The State Rep By Its
2021 Latest Caselaw 20099 Mad

                                                                                 Crl.OP.No.4374 of 2016

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED 30.09.2021

                                                              CORAM

                                   THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

                                   Crl.OP.No.4374 of 2016 & Crl.MP.Nos.2282 & 2283 of 2016

                                                        [Video Conferencing]

                     Kathirvel                                                           ... Petitioner

                                                              Versus

                     1.The State Rep by its,
                       The Inspector of Police,
                       District Crime Branch,
                       Salem District.

                     2.Sangeetha                                                       ... Respondents

                     Prayer : -        Criminal Original Petition filed under Section 482 of Cr.P.C.,
                     to call for the entire records connected with the case in C.C.No.575/2020 on
                     the file of the learned Judicial Magistrate No.VI, Salem quash the same.


                                       For Petitioner             :    Mr.P.Gnanasekaran
                                                                       for Mr.S.Jeyakumar
                                       For R1                     :    Mr.E.Raj Thilak
                                                                       Additional Public Prosecutor
                                       For R2                     :    No appearance



                                                                 1


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.OP.No.4374 of 2016


                                                           ORDER

This petition has been filed by the 1st accused seeking interference

with further proceedings in C.C.No.575 of 2020 which is now pending on

the file of the Judicial Magistrate No.VI, Attur, Salem.

2.Originally the matter was pending before the Judicial Magistrate

No.II, Attur as C.C.No.4 of 2012.

3.Heard Mr.P.Gnanasekaran learned counsel appearing on behalf of

Mr.S.Jeyakumar, learned counsel for the petitioner.

4.I am informed that the matter is in trial stage and as a matter of fact

had been listed yesterday (29.09.2021) for examination of LW-13 who is the

Investigation Officer.

5.This naturally means that the counsels for the petitioner herein are

actively participating in the trial proceeding. I am confident that they will

take up every issue which the learned counsel now wants this Court to

agitate. There is substantial evidence available on the file of the Magistrate

who is conducting the trial and it is open to the Magistrate to appreciate

such evidence and pass judgment on merits. All the points urged now would

https://www.mhc.tn.gov.in/judis/ Crl.OP.No.4374 of 2016

have been taken note of the learned counsel who is conducting trial.

6.Let the trial move forward and a decision be given on the basis of

the evidence adduced during the course of trial. It would be highly

inappropriate on the part of this Court to interfere with the trial proceedings

at this stage, particularly during the course of examination of the

Investigation Officer. Hence, the present Criminal Original Petition is

dismissed. Consequently, the connected miscellaneous petitions are closed.

7.A direction is given to the petitioner to go back to the trial Court

and continue to participate in the trial proceedings with much prudence.

                                                                                            30.09.2021
                     smv
                     Internet           : Yes


                     To

1.The Judicial Magistrate Court No.VI, Salem.

2.The Inspector of Police, District Crime Branch, Salem District.

3.The Public Prosecutor High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.OP.No.4374 of 2016

C.V.KARTHIKEYAN, J.,

smv

Crl.OP.No.4374 of 2016

30.09.2021

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