S.Srinivasan vs State Rep. By
2023 Latest Caselaw 11184 Mad

                                                            1

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED 24.08.2023

                                                         CORAM

                                  THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                Crl.OP.No.19060 of 2023
                                         and Crl MP Nos.12749 & 12750 of 2023

                    S.Srinivasan                                 ..Petitioner / Accused (A2)

                                                           Vs.

                    1. State Rep. By
                       The Inspector of Police,
                       Ayilpattu police station,
                       Namakkal District.                   ..1st respondent / complainant

                    2. Kaliyappan                      ..2nd Respondent / Defacto Complainant

                    Prayer: Criminal Original Petition is filed under Section 482 of
                    Criminal Procedure Code, to call for the entire records in connection
                    with CC No.172 of 2020 on the file of the learned Judicial Magistrate,
                    Rasipuram, Namakkal District.
                                  For Petitioner     : Mr.S.Senthil Kumar
                                  For Respondents    : Mr.A.Gopinath
                                                       Government Advocate




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

                                                    ORDER

This petition has been filed challenging the

proceedings in CC No.172 of 2020 on the file of the learned Judicial

Magistrate, Rasipuram, Namakkal.

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

C.C.No.172 of 2020, within a period of six 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

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

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.

24.08.2023

Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka To

1. The Judicial Magistrate, Rasipuram, Namakkal.

2. State Rep. By, The Inspector of Police, Ayilpattu police station, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

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

N. ANAND VENKATESH,J

rka

Crl.O.P.No.19060 of 2023

24.08.2023

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