Madras High Court
A.Mohammed Thaher vs State By on 8 August, 2023
Criminal Original Petition No.17542 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.17542 of 2023
and
Crl.M.P.Nos.11495 & 11496 of 2023
A.Mohammed Thaher
S/o.Abdul Rahman ...Petitioner
Vs
1.State by
Inspector of Police,
D-6 Anna Square Traffic Investigation Wing,
Chennai.
Crime No.338 of 2022
2.Babu
S/o.Rangasamy ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, 1973, praying to call for the records and quash the
charge sheet in C.C.No.2946 of 2023 on the file of VI Metropolitan
Magistrate, Egmore, Chennai, pending disposal of the above quash petition.
For Petitioner : Mr.J.Samiullah
For Respondents : Mr.A.Damodaran,
Additional Public Prosecutor [R1]
*****
1/4
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.17542 of 2023
ORDER
This petition has been filed seeking to quash the proceedings in
C.C.No.2946 of 2023 pending on the file of VI Metropolitan Magistrate,
Egmore, Chennai.
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. Learned counsel for petitioner requests this Court to dispense with
the appearance of the petitioner. It is brought to the notice of this Court that
the case is at the stage of issuance of summons to the accused persons. In
view of the same, it is left open to the petitioner to file a petition u/s.205
Cr.P.C. and the Court below shall consider the same and pass appropriate
orders in accordance with law.
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.17542 of 2023
4. Accordingly, this Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings in C.C.No.2946 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.
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
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.17542 of 2023
N.ANAND VENKATESH, J
gm
To
1.The VI Metropolitan Magistrate,
Egmore, Chennai.
2.The Inspector of Police,
D-6 Anna Square Traffic Investigation Wing,
Chennai.
Crime No.338 of 2022
3.The Public Prosecutor,
High Court, Madras.
Criminal Original Petition No.17542 of 2023
08.08.2023
https://www.mhc.tn.gov.in/judis
