Madras High Court
Unknown vs The State Rep By Its on 10 August, 2023
Crl.O.P.Nos.31296 & 31297 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P Nos.31296 & 31297 of 2019
1.M.Jagan @ Jaganathan @ Venkatesan
2.M.G.Sekar
3.V.Sampath
4.A.John
5.K.Rajendran
6.C.Durai
7.P.Murugaiyan
8.M.Periyakaruna
9.A.Murugesan
10.E.Elumalai
11.E.Rajendran
12.M.Ganesan
13.D.Gopi
14.M.Pandurangan
15.P.Sasi @ Sukkiri
16.M.Deva
17.S.Ramu
18.D.Sekar
https://www.mhc.tn.gov.in/judis
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Crl.O.P.Nos.31296 & 31297 of 2019
19.S.Kannan
20.C.Selvam
...Petitioners in both OPs
vs.
1.The State rep by its
Inspector of Police,
Vellavedu Police Station,
Tiruvallur District.
...1st respondent in both OPs
2.Narayanan
...2nd espondents in Crl.O.P.No.31296 of 2019
2.B.Anbumani
...2nd respondents in Crl.O.P.No.31297 of 2019
COMMON PRAYER:
Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records and quash the charge sheet in
PRC.Nos.36 & 35/2008 respectively pending on the file of the learned Judicial
Magistrate No.II, Poonamallee.
For Petitioners
in both OPs : Mr.K.Sasindran
For Respondents
in both OPs : Mr.E.Raj Thilak,
Additional Public Prosecutor, for R1
https://www.mhc.tn.gov.in/judis
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Crl.O.P.Nos.31296 & 31297 of 2019
COMMON ORDER
These Criminal Original Petitions have been filed challenging the
proceedings initiated by the respondent against the petitioners in PRC.Nos.36
& 35/2008 respectively pending on the file of the learned Judicial Magistrate
No.II, Poonamallee.
2. The grounds raised by the counsel for the petitioners 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. Accordingly, these Criminal Original Petitions are disposed of with a
direction to the Court below to commit the case before the concerned Sessions
Court within a period of eight weeks from the date of receipt of copy of this
order. The Sessions Court is directed to complete the proceedings within a
period of four months thereafter. The trial shall be conducted on a day to day
https://www.mhc.tn.gov.in/judis
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Crl.O.P.Nos.31296 & 31297 of 2019
basis in accordance with the guidelines given by Hon'ble Supreme Court
reported in Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If
the petitioner adopts any dilatory tactics, it is open to the trial Court to insist
upon the presence of the petitioner and remand him to custody as per the
judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS.
SHAMBHU NATH SINGH (JT 2001 (4) SC 3191).
10.08.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
nsa
To
1.Inspector of Police,
Vellavedu Police Station,
Tiruvallur District.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
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Crl.O.P.Nos.31296 & 31297 of 2019
N. ANAND VENKATESH, J.
nsa
Crl.O.P.Nos.31296 & 31297 of 2019
10.08.2023
https://www.mhc.tn.gov.in/judis
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