R.Suresh vs Ganesan Chinnamani
2023 Latest Caselaw 10774 Mad

                                                                           Crl.O.P.No.18515 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.18515 of 2023
                                                        and
                                         Crl.M.P.Nos.12322 & 12323 of 2023


                R.Suresh
                                                                                      ...Petitioner
                                                         vs.


                Ganesan Chinnamani
                                                                                    ...Respondent


                PRAYER:
                          Criminal Original Petition filed under Section 482 of the Code of

                Criminal Procedure, to call for the records pertaining to the case in CC.No.23 of

                2021 on the file of the learned Judicial Magistrate, Panrutti and quash the same.



                                       For Petitioner    : Mr.C.Deepakkumar




https://www.mhc.tn.gov.in/judis
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                                                                              Crl.O.P.No.18515 of 2023


                                                         ORDER

This Criminal Original Petition has been filed to call for the records

pertaining to the case in CC.No.23 of 2021 on the file of the learned Judicial

Magistrate, Panrutti and quash the same.

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.23 of 2021

within a period of three 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

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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

petitions are also closed.

                                                                               18.08.2023

                Index      : Yes/No
                Internet   : Yes/No

Speaking Order/Non-Speaking Order nsa

To

1.The Judicial Magistrate, Panrutti

2. The Public Prosecutor, Madras High Court, Chennai 600 104..

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N. ANAND VENKATESH, J.

nsa

Crl.O.P No.18515 of 2023 and Crl.M.P.Nos.12322 & 12323 of 2023

18.08.2023

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