K.Thirunavukkarasu vs The State Represented By
2023 Latest Caselaw 10749 Mad

                                                                             Crl.O.P.No.18434 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 18.08.2023

                                                        CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                Crl.O.P.No.18434 of 2023
                                                          and
                                                Crl.M.P.No.12264 of 2023

                     K.Thirunavukkarasu
                     S/o.Kathirvel                                             ... Petitioner

                                                           Vs.

                     1.The State represented by
                       The Inspector of Police,
                       Gingee Police Station,
                       Villupuram District.
                       Crime No.202 of 2021

                     2.Sanmugam                                                ... Respondents

                     Prayer:         Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to call for the records in C.C.No.436 of 2018 on the file of
                     Judicial Magistrate, Gingee, Villupuram District and quash the same.


                                      For Petitioner    : Mr.K.Murugesan

                                      For Respondents : Mr.A.Damodaran
                                                        Additional Public Prosecutor [R1]

                                                          *****


https://www.mhc.tn.gov.in/judis
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                                                                                  Crl.O.P.No.18434 of 2023

                                                          ORDER

This petition has been filed seeking to quash the proceedings in

C.C.No.436 of 2018 pending on the file of Judicial Magistrate, Gingee,

Villupuram District.

2. The grounds raised by learned counsel for 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

C.C.No.436 of 2018 within a period of three (3) months from the date of

receipt of a copy of this order. Consequently, connected miscellaneous

petition is closed.

The trial shall be conducted on a day-to-day basis in accordance https://www.mhc.tn.gov.in/judis

Crl.O.P.No.18434 of 2023

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 v.

Shambhu Nath Singh (JT 2001 (4) SC 3191).

18.08.2023

Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm

To

1.The Judicial Magistrate, Gingee, Villupuram District.

2.The Inspector of Police, Gingee Police Station, Villupuram District.

Crime No.202 of 2021

3.The Public Prosecutor, Madras High Court.

N.ANAND VENKATESH, J

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

Crl.O.P.No.18434 of 2023

gm

Crl.O.P.No.18434 of 2023

18.08.2023

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