Venkatesh Babu @ Venkatesh vs State Rep. By
2023 Latest Caselaw 11185 Mad

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                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED 24.08.2023

                                                         CORAM

                                  THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                Crl.OP.No.19064 of 2023
                                         and Crl MP Nos.12751 & 12753 of 2023

                    Venkatesh Babu @ Venkatesh                   ..Petitioner / Accused (A1)

                                                          Vs.

                    1. State Rep. By
                       The Inspector of Police,
                       Malayampalayam Police Station,
                       Erode District.

                    2. Mallika                          .. Respondent / Defacto Complainant

                    Prayer: Criminal Original Petition is filed under Section 482 of
                    Criminal Procedure Code, to call for the charge sheet in CC No.100
                    of 2022 on the file of the Hon'ble District Munsif cum Judicial
                    Magistrate, Kodumudi, Erode District and quash the same insofar as
                    the petitioner is concerned.
                                  For Petitioner     : Mr.M.Senthil Kumar
                                  For Respondents    : Mr.A.Gopinath
                                                       Government Advocate




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                                                     ORDER

This petition has been filed challenging the proceedings in

CC No.100 of 2022 on the file of the District Munsif Cum Judicial

Magistrate, Kodumudi, Erode District.

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.100 of 2022, 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

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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.

24.08.2023

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

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To

1. The District Munsif Cum Judicial Magistrate, Kodumudi, Erode District.

2. State Rep. By The Inspector of Police, Malayampalayam Police Station, Erode District.

3. The Public Prosecutor, High Court, Madras.

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

N. ANAND VENKATESH,J

rka

Crl.O.P.No.19064 of 2023

24.08.2023

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