Senthil Kumar vs The Inspector Of Police
2023 Latest Caselaw 10372 Mad

                                                                         Crl.O.P.No.17667 of 2023

                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 14.08.2023

                                                            CORAM

                                    THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                   Crl.O.P.No.17667 of 2023
                                           and Crl MP Nos.11608 and 11610 of 2023

                     1. Senthil Kumar
                     2. Jayaraman @ Jayaram                                           .. Petitioners

                                                              Vs.




                     1. The Inspector of Police,
                        S-14, Peerkankaranai Police Station,
                        Chengalpattu District.
                        (Crime No.1296 / 2020)

                     2. Balamurugan                                                .. Respondents

                     PRAYER : This Criminal Original Petition under Section 482 of Cr.P.C
                     seeking to call for the records and quash the C.C No.4 of 2023 pending
                     on the file of the Learned Judicial Magistrate Court No.I, Tambaram.


                                  For Petitioner          : Mr.G,. Mohana Krishnan
                                  For Respondent No.       : Mr. A.Damodharan
                                                            Additional Public Prosecutor
                                                            Madras High Court.


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https://www.mhc.tn.gov.in/judis
                                                                         Crl.O.P.No.17667 of 2023




                                                           ORDER

This petition has been filed challenging the proceedings

initiated by the respondent against the petitioners under385, 506(i)

r/w.34 of IPC.

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 petitioners 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 dismissed with a

direction to the Court below to complete the proceedings in C.C.No. 4

of 2023 on the file of Judicial Magistrate, Tambaram, within a period

of six months from the date of receipt of a copy of this order. The trial

https://www.mhc.tn.gov.in/judis Crl.O.P.No.17667 of 2023

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 petitioners adopt

any dilatory tactics, it is open to the trial Court to insist upon the

presence of the petitioners 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 petitions are closed.

14.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rka

To

1. The Judicial Magistrate Court No.I, Tambaram

2. The Inspector of Police, S-14, Peerkankaranai Police Station, Chengalpattu District.

(Crime No.1296 / 2020)

3. The Public Prosecutor Madras High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.17667 of 2023

N.ANAND VENKATESH, J

rka

Crl.O.P.No.17667 of 2023

14.08.2023

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