Champak @ Champak Pawar vs State Represented By
2023 Latest Caselaw 9916 Mad

                                                                    Criminal Original Petition No.17467 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.17467 of 2023
                                                         and
                                         Crl.M.P.Nos.11392 & 11393 of 2023

                     Champak @ Champak Pawar
                     S/o.Namdev Pawar                                                ...Petitioner

                                                             Vs
                     1.State represented by
                       The Inspector of Police,
                       T-15, SRMC Police Station,
                       Avadi, Chennai District.
                       Crime No.538 of 2022

                     2.Padmavathi
                       D/o.Mohan                                                     ... 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.200
                     of 2023 pending on the file of Judicial Magistrate I, Poonamallee and quash
                     the same.
                                     For Petitioner      : Mr.N.Arun Kumar

                                     For Respondents : Mr.A.Damodaran,
                                                       Additional Public Prosecutor [R1]

                                                            *****

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https://www.mhc.tn.gov.in/judis
                                                                        Criminal Original Petition No.17467 of 2023

                                                          ORDER

This petition has been filed seeking to quash the proceedings in

C.C.No.200 of 2023 pending on the file of Judicial Magistrate I,

Poonamallee.

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.200 of

2023 within a period of six (6) 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.17467 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 I, Poonamallee.

2.The Inspector of Police, T-15, SRMC Police Station, Avadi, Chennai District.

Crime No.538 of 2022

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.17467 of 2023

N.ANAND VENKATESH, J

gm

Criminal Original Petition No.17467 of 2023

08.08.2023

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