M.Palanisamy Gounder vs The Inspector Of Police
2022 Latest Caselaw 10595 Mad

                                                                                  Crl.O.P. No.10232 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.10232 of 2022
                                          and Crl.M.P. Nos.6061 & 6062 of 2022

                    M.Palanisamy Gounder                                                   ... Petitioner
                                                            Versus

                    1. The Inspector of Police,
                       Police, District Crime Branch,
                       Tiruppur.
                       (Crime No.27/2011)

                    2. V.S.Somasundaram                                                ... Respondents

                              Criminal Original Petition is filed under Section 482 of the Code of
                    Criminal Procedure, to call for the entire records pertaining to the C.C. No.4
                    of 2013 on the file of the Special Court for Exclusive Trial of Land Grabbing
                    Cases, Tiruppur and quash the same.


                                    For Petitioners           : Mr. B.Gopalakrishnan

                                    For respondent 1          : Mr. A.Gokulakrishnan
                                                                Additional Public Prosecutor
                                                      2       : No appearance



                                                           ORDER

https://www.mhc.tn.gov.in/judis Crl.O.P. No.10232 of 2022

This Criminal Original Petition is filed to quash the records pertaining

to C.C. No.4 of 2013 on the file of the Special Court for Exclusive Trial of

Land Grabbing Cases, Tiruppur.

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

record.

3.The petitioner is charged for offence under Sections 120(B), 406,

406 r/w. 34 IPC, 467, 468, 471, 420, 294(b) & 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.4 of 2013 at this stage.

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

https://www.mhc.tn.gov.in/judis Crl.O.P. No.10232 of 2022

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

petitioner. Accordingly, the personal appearance of the petitioner/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.6062 of

2022 is ordered to the extent indicated above and Crl. M.P. No.6061 of 2022

stands closed.

                                                                                        20.06.2022

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

                    To:

                    1. The Inspector of Police,
                       Police, District Crime Branch,
                       Tiruppur.

2. The Special Court for Exclusive Trial of Land Grabbing Cases, Tiruppur.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P. No.10232 of 2022

N.SATHISH KUMAR,J.

bkn

Crl.O.P.No.10232 of 2022

20.06.2022

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