N.Azhagappan vs State Represented By
2023 Latest Caselaw 11090 Mad

                                                                    Criminal Original Petition No.18860 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 23.08.2023

                                                           CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                      Criminal Original Petition No.18860 of 2023
                                                         and
                                         Crl.M.P.Nos.12628 & 12629 of 2023

                     N.Azhagappan
                     S/o.Nithyanandam                                                ...Petitioner

                                                             Vs
                     1.State represented by
                       Inspector of Police,
                       All Women Police Station,
                       Tiruvannamalai District.

                     2.A.Revathi
                       D/o.Viswanathan                                               ... Respondents


                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the records in C.C.No.11 of
                     2021 pending on the file of Additional Mahila Court, Magisterial Level at
                     Tiruvannamalai and to quash the same.
                                     For Petitioner      : Mr.N.Sudharsan

                                     For Respondents : Mr.A.Gopinath
                                                       Government Advocate [Crl.side] [R1]

                                                            *****

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https://www.mhc.tn.gov.in/judis
                                                                        Criminal Original Petition No.18860 of 2023

                                                          ORDER

This Criminal Original Petition has been filed seeking to quash the

proceedings in C.C.No.11 of 2021 pending on the file of Additional Mahila

Court, Magisterial Level at Tiruvannamalai.

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.11 of

2021 within a period of three (3) months from the date of receipt of a copy

of this order. Consequently, connected miscellaneous petitions are closed.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.18860 of 2023

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 v. Shambhu Nath Singh

(JT 2001 (4) SC 3191).

23.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

To

1.The Additional Mahila Court, Magisterial Level at Tiruvannamalai.

2.The Inspector of Police, All Women Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.18860 of 2023

N.ANAND VENKATESH, J

gm

Criminal Original Petition No.18860 of 2023

23.08.2023

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