A.Chidambaram vs State Represented By
2022 Latest Caselaw 10593 Mad

                                                                                   Crl.O.P. No.8349 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 20.06.2022

                                                          CORAM :
                                  THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                                 Crl.O.P. No.8349 of 2022
                                          and Crl.M.P. Nos.4871 & 4873 of 2022

                    1. A.Chidambaram
                    2. Devayanai
                    3. Muthuraman
                    4. Rajagopalan
                    5. Shantha                                                           ... Petitioners
                                                            Versus

                    1. State represented by
                       The Inspector of Police,
                       J-5, Shastri Nagar Police Station,
                       Chennai.
                       (Crime No.1966/2015)

                    2. A.Vivekanandan                                                  ... Respondents

                              Criminal Original Petition is filed under Section 482 of the Code of
                    Criminal Procedure, to call for the records in C.C. No.1114 of 2016 pending
                    on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai and
                    quash the same in so far as petitioner's concerned.
                                    For Petitioners           : Mr. R.Sagadevan

                                    For respondent 1          : Mr. A.Gokulakrishnan
                                                                Additional Public Prosecutor
                                                      2       : Mr. P.Venkataraman

                    Page No.1 of 4

https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P. No.8349 of 2022




                                                         ORDER

This Criminal Original Petition is filed to quash the records in C.C.

No.1114 of 2016 pending on the file of the learned IX Metropolitan

Magistrate, Saidapet, Chennai.

2. Heard both sides and perused the entire materials available on

record.

3.The petitioners are charged for offence under Sections 416, 420 &

506(i) IPC. The factual disputes that are raised in this matter requires

appreciation of evidence and the same have to be gone into during trial. This

Court, in exercise of its jurisdiction under Section 482 Cr.P.C., cannot

conduct such a roving enquiry. It is open to the parties to raise all the

grounds before the trial Court, during the process of trial. However, this

Court is not inclined to interfere with the proceedings in C.C. No.1114 of

2016 at this stage.

https://www.mhc.tn.gov.in/judis Crl.O.P. No.8349 of 2022

4. At this stage, the learned counsel appearing for the petitioners seeks

indulgence of this Court to dispense with the personal appearance of the

petitioners. Accordingly, the personal appearance of the petitioners/accused

before the trial Court is dispensed with, except for receipt of copies,

answering the charges, questioning under Section 313 Cr.P.C., passing of

judgment, or on any other date as may be required by the trial Court.

5. In view of the above, this Criminal Original Petition stands

dismissed, the connected miscellaneous petition in Crl. M.P. No.4873 of

2022 is ordered to the extent indicated above and Crl. M.P. No.4871 of 2022

stands closed.

20.06.2022

Speaking Order/Non-Speaking Order Index : Yes/No bkn

To:

1.The Inspector of Police, J-5, Shastri Nagar Police Station, Chennai.

2. The IX Metropolitan Magistrate, Saidapet, Chennai

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P. No.8349 of 2022

N.SATHISH KUMAR,J.

bkn

Crl.O.P.No.8349 of 2022

20.06.2022

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