Govinda Tapan Pore vs State Represented By
2023 Latest Caselaw 8990 Mad

                                                                  Criminal Original Petition No.16391 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 25.07.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                      Criminal Original Petition No.16391 of 2023
                                                         and
                                              Crl.M.P.No.10446 of 2023

                     Govinda Tapan Pore
                     S/o.Late Tapan Pore                                           ...Petitioner

                                                            Vs
                     1.State represented by
                       The Inspector of Police,
                       C-2, Elephant Gate Police Station,
                       Chennai - 600 079.
                       Crime No.842 of 2007

                     2.Ashok Kumar
                       S/o.Pukhraj                                                 ... 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.1800
                     of 2021 on the file of VIII Metropolitan Magistrate, George Town, Chennai
                     and quash the same.
                                     For Petitioner  : Mr.C.Prabhu
                                     For Respondents : Mr.A.Damodaran
                                                       Additional Public Prosecutor [R1]
                                                        *****


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https://www.mhc.tn.gov.in/judis
                                                                        Criminal Original Petition No.16391 of 2023

                                                            ORDER

This petition has been filed challenging the proceedings initiated by

the second respondent against the petitioner under Sections 408, 406 and

420 IPC.

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.1800 of

2021 within a period of three (3) months from the date of receipt of a copy

of this order. Consequently, connected miscellaneous petition is closed.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16391 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).

25.07.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

To

The VIII Metropolitan Magistrate, George Town, Chennai.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16391 of 2023

N.ANAND VENKATESH, J

gm

Criminal Original Petition No.16391 of 2023

25.07.2023

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