K.A.Manoharan vs The State Rep By Its
2023 Latest Caselaw 10174 Mad

                                                                             Crl.O.P.No.8758 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 No.8758 of 2019
                                                       and
                                              Crl.M.P.No.4639 of 2019

                K.A.Manoharan
                                                                                      ...Petitioners
                                                         vs.
                1.The State rep by its
                  Inspector of Police,
                  CCIW Dharmapuri
                  (Crime No.9 of 2003)

                2.N.Shanmugam,
                  Deputy Registrar (Housing Board),
                  Vellore Division, Vellore.
                                                                                    ...Respondents
                PRAYER:
                          Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to call for the records pertaining to C.C.No.229 of 2016 on
                the file of the learned Fast Track Court/Magisterial Level, Hosur, Krishnagiri
                District and quash the same.

                                       For Petitioners : Mr.Mukund R.Pandiyan
                                       For Respondents : Mr.E.Raj Thilak,
                                                         Additional Public Prosecutor, for R1
                                                         No appearance for R2



https://www.mhc.tn.gov.in/judis
                Page No.1/4
                                                                              Crl.O.P.No.8758 of 2019

                                                     ORDER

This Criminal Original Petition has been filed challenging the

proceedings initiated by the respondent against the petitioner in C.C.No.229 of

2016 on the file of the learned Fast Track Court/Magisterial Level, Hosur,

Krishnagiri District.

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. Accordingly, this Criminal Original Petition is disposed of with a

direction to the Court below to complete the proceedings in CC No.229 of 2016

within a period of six months from the date of receipt of a copy of this order.

The trial shall be conducted on a day to day 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 https://www.mhc.tn.gov.in/judis Page No.2/4 Crl.O.P.No.8758 of 2019

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). Consequently, connected miscellaneous

petition is also closed.

                                                                               10.08.2023

                Index      : Yes/No
                Internet   : Yes/No

Speaking Order/Non-Speaking Order nsa

To

1.The Inspector of Police, CCIW Dharmapuri (Crime No.9 of 2003)

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Page No.3/4 Crl.O.P.No.8758 of 2019

N. ANAND VENKATESH, J.

nsa

Crl.O.P.No.8758 of 2019 and Crl.M.P.No.4639 of 2019

10.08.2023

https://www.mhc.tn.gov.in/judis Page No.4/4