Rajkumar vs Manikandan
2023 Latest Caselaw 9909 Mad

                                                                          Criminal Original Petition No.17516 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 08.08.2023

                                                               CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                        Criminal Original Petition No.17516 of 2023
                                                           and
                                           Crl.M.P.Nos.11450 & 11453 of 2023

                     Rajkumar
                     S/o.Rajendran                                                         ...Petitioner

                                                                 Vs
                     1.Manikandan
                       S/o.Selvam

                     2.The State represented by
                       The Inspector of Police,
                       Vanthavasi South Police Station,
                       Thiruvannamalai District.                                           ... 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.12 of
                     2023         pending   on   the    file    of    Judicial    Magistrate,        Vanthavasi,
                     Thiruvannamalai and quash the charge sheet filed by the respondent police
                     in the above said case.
                                      For Petitioner       : Mr.G.Mageshwari

                                      For Respondents : Mr.A.Damodaran,
                                                        Additional Public Prosecutor [R2]
                                                         *****


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https://www.mhc.tn.gov.in/judis
                                                                        Criminal Original Petition No.17516 of 2023

                                                          ORDER

This petition has been filed seeking to quash the proceedings in

C.C.No.12 of 2023 pending on the file of Judicial Magistrate, Vanthavasi,

Thiruvannamalai.

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.12 of

2023 within a period of four (4) 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.17516 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).

08.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

To

1.The Judicial Magistrate, Vanthavasi, Thiruvannamalai.

2.The Inspector of Police, Vanthavasi South Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.17516 of 2023

N.ANAND VENKATESH, J

gm

Criminal Original Petition No.17516 of 2023

08.08.2023

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