Clement Dominic vs The State Represented By
2023 Latest Caselaw 10881 Mad

                                                          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.18603 of 2023
                                                       and
                                        Crl.M.P Nos.12377 and 12378 of 2023


                     1.Clement Dominic

                     2.Magdalene Clipitha

                     3.Thirisasunitha                                    ...Petitioners

                                                         Vs.

                     1.The State Represented by
                       The Inspector of Police,
                       District Crime Branch,
                       Nilgiris. (Crime No.11 of 2022)

                     2.Abraham                                           ...Respondents

                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, praying to call for the records of the Impugned
                     proceedings pending in C.C.No.94 of 2023 on the file of the Learned
                     Judicial Magistrate, Coonoor and quash the same.




https://www.mhc.tn.gov.in/judis
                                                               2

                                        For Petitioner             : Mr.W.Camyles Gandhi
                                        For Respondents            : Mr.A.Gopinath for R1
                                                                     Government Advocate (Crl. Side)


                                                          ORDER

This petition has been filed challenging the proceedings in CC

No.94 of 2023 on the file of the learned Judicial Magistrate, Coonoor.

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 dismissed with a

direction to the Court below to complete the proceedings in CC No.94 of

2023, within a period of six months from the date of receipt of a copy of

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

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 closed.

21.08.2023

Index: Yes/No Internet: Yes/No rka/mkn-ii

To

1.The Judicial Magistrate, Coonoor.

2. The Inspector of Police, District Crime Branch, Nilgiris.

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.18603 of 2023 and Crl.M.P Nos.12377 and 12378 of 2023

21.08.2023

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