Madras High Court
N.Karthik vs The State Represented By on 21 August, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P No.18231 of 2023
and
Crl.M.P Nos.12106 and 12107 of 2023
1.N.Karthik ...Petitioner
Vs.
1.The State Represented by
The Inspector of Police,
Roshanai,
Tindivanam.
(Crime No.1431 of 2020)
2.Devi ...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records pertaining to
C.C.No.104 of 2021 on the file of the Judicial Magistrate No.I,
Tindivanam, quash the same.
For Petitioner : Mr.A.Saravanan
For Respondents : Mr.A.Gopinath for R1
Government Advocate (Crl. Side)
https://www.mhc.tn.gov.in/judis
2
ORDER
This petition has been filed challenging the proceedings initiated
by the respondent against the petitioner under Section 294(b), 323 and
324 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of
Women Act, 2002.
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. The
Learned Government Advocate submitted that already three witnesses
have been examined on the side of prosecution and the case is posted for
examination of LW4 to LW6 on 29.08.2023. This is yet another ground
for not interfering with the final report at this stage.
https://www.mhc.tn.gov.in/judis
4. Accordingly, this Criminal Original Petition is disposed of with
a direction to the Court below to complete the proceedings in
C.C.No.104 of 2021, within a period of four 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 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.
21.08.2023
Index: Yes/No
Internet: Yes/No
rka/mkn-ii
https://www.mhc.tn.gov.in/judis
To
1.The Judicial Magistrate No.1,
Tindivanam.
2.The Inspector of Police,
Roshanai,
Tindivanam.
3. The Public Prosecutor,
High Court, Madras
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH.J.,
rka/mkn-ii
CRL.O.P No.18231 of 2023
and
Crl.M.P Nos.12106 and 12107 of 2023
21.08.2023
https://www.mhc.tn.gov.in/judis
