Mr.S.Sekar vs State
2023 Latest Caselaw 12850 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 20.09.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.20714 of 2023
                                        and Crl.M.P.Nos.14145 & 14146 of 2023


            Mr.S.Sekar                                                                     ... Petitioner

                                                         Vs.

            1.State,
              The Inspector of Police,
              Central Crime Branch, Team – 25,
              Anti-Land Grabbing Special Cell,
              Vepery, Chennai – 600 007.

            2.Mr.A.Jeyaseelan                                                            ...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal

Procedure, to call for the records and quash the proceedings in C.C.No.161 of 2022 on

the file of Judicial Magistrate-I, Alandur as against the petitioner herein for the offences

under Sections 419, 465, 467, 468, 471 r/w 120B & 34 of IPC.

                                     For Petitioner         : Mr.D.Saikumarran

                                     For Respondents        :   Mr.A.Damodaran
                                                                Additional Public Prosecutor




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

This petition has been filed challenging the proceedings initiated by the

respondent against the petitioner under Sections 419, 465, 467, 468, 471 r/w 120B &

34 of IPC

2. The grounds raised by the 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 dismissed with a direction to

the Court below to complete the proceedings in C.C.No.161 of 2022 on the file of

Judicial Magistrate-I, Alandur, within a period of six months from the date of receipt of

a copy of this order. 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

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

20.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order Neutral Citation : Yes/No ssr

To

1.The Judicial Magistrate-I, Alandur.

2.The Inspector of Police, Central Crime Branch, Team – 25, Anti-Land Grabbing Special Cell, Vepery, Chennai – 600 007.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

Crl.O.P.No.20714 of 2023 and Crl.M.P.Nos.14145 & 14146 of 2023

20.09.2023

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