Anandaraj vs State Rep By
2023 Latest Caselaw 9224 Mad

                                                                                  Crl.O.P.No.16758 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 28.07.2023

                                                          CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.16758 of 2023
                                         and Crl.M.P.Nos.10769 and 10771 of 2023

                    Anandaraj                                 .. Petitioner

                                                           Versus

                    1. State Rep by
                       The Inspector of Police,
                       Sholavaram Police Station,
                       Thiruvallore District.
                       (PRC.No.3 of 2023)

                    2. Somu Praveen Kumar                            .. Respondents

                    Prayer : Criminal Original Petition filed under Section 482 of the Code of
                    Criminal Procedure, to call for the records and quash the P.R.C.No.3 of
                    2023 on the file of the learned Judicial Magistrate No.II, Ponneri and pass
                    suitable orders.

                                     For Petitioner      : M/s.D.Bharathy

                                     For Respondents : Mr.A.Gopinath,
                                                 Additional Public Prosecutor,
                                                 for R1




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                                                                                  Crl.O.P.No.16758 of 2023


                                                         ORDER

This petition has been filed seeking to quash the proceedings in

P.R.C.No.3 of 2023 on the file of the learned Judicial Magistrate No.II,

Ponneri.

2. The grounds raised by the learned 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 disposed off with a

direction to the Court below to commit the case before the concerned

Sessions Court within a period of six weeks from the date of receipt of a

copy of this order. The concerned Sessions Court shall dispose off the case

within a period of four months thereafter. The trial shall be conducted on a

day to day basis in accordance with the guidelines given by Hon'ble

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

Crl.O.P.No.16758 of 2023

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.

                                                                                      28.07.2023
                    Index       : yes/no

Speaking order/Non-speaking order Neutral Citation : yes/no grs

To

1. The Judicial Magistrate No.II, Ponneri.

2. The Inspector of Police, Sholavaram Police Station, Thiruvallore District.

3. The Public Prosecutor, High Court of Madras.

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

Crl.O.P.No.16758 of 2023

N.ANAND VENKATESH, J.

grs

Crl.O.P.No.16758 of 2023 and Crl.M.P.Nos.10769 and 10771 of 2023

28.07.2023

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