Pichandi vs State Rep.By
2023 Latest Caselaw 13285 Mad

                                                                                  Crl.O.P.No.21671 of 2023

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 27.9.2023

                                                              CORAM

                                   THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                  CRL.O.P.No.21671 of 2023
                                             & Crl.M.P.Nos.14989 & 14991 of 2023


                     1.Pichandi
                     2.Rakesh Kumar
                     3.Sethuraman
                     4.Shankar (a) Jim Shankar
                     5.Jaising
                     6.Pichai                                                         ...Petitioners
                                                                   Vs.
                     1.State rep.by
                       Inspector of Police,
                       Arcot Town Police Station,
                       Ranipet District.

                     2.Ganesan, DCE, Corporation
                       Engineer & Commissioner (I/C),
                       Arcot Municipality,
                       Ranipet District.                                              ...Respondents


                                  Criminal   Original   Petition    under   Section   482   of   Criminal

                     Procedure Code praying to call for the records in C.C.No.112 of 2023

                     on the file of the District Munsif-cum-Judicial Magistrate, Arcot and

                     quash the charge sheet pending against the petitioners.




                     1/4


https://www.mhc.tn.gov.in/judis
                                                                             Crl.O.P.No.21671 of 2023

                                       For Petitioners         : Mr.D.Thirumoorthy
                                       For Respondent-1        : Mr.A.Gopinath, GA (Crl.Side)



                                                            ORDER

This is a petition filed by the petitioners seeking to quash the

proceedings in C.C.No.112 of 2023 pending on the file of the District

Munsif-cum-Judicial Magistrate, Arcot for the offences under Sections

419, 420, 465, 468 and 406 of the Indian Penal Code.

2. The grounds raised by the learned counsel for the petitioners

are all factual in nature and they require appreciation of evidence.

This Court cannot decide the same in exercise of its jurisdiction under

Section 482 of Criminal Procedure Code. It is left open to the

petitioners 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.

112 of 2023 on the file of the District Munsif-cum-Judicial Magistrate,

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21671 of 2023

Arcot 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 the Hon'ble Supreme Court

in the case of Vinod Kumar Vs. State of Punjab [reported in 2015

(1) MLJ (Crl.) 288 (SC)]. If the petitioners adopt any dilatory

tactics, it is open to the Court below to insist upon the presence of

the petitioners and remand them to custody as per the judgment of

the Hon'ble Supreme Court in the case of State of Uttar Pradesh

Vs. Shambhu Nath Singh [reported in JT 2001 (4) SC 3191].

Consequently, the connected Crl.M.Ps. are closed.

27.9.2023 To

1.The District Munsif-cum-Judicial Magistrate, Arcot.

2.The Inspector of Police, Arcot Town Police Station, Ranipet District.

3.The Public Prosecutor, High Court, Madras

RS

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21671 of 2023

N.ANAND VENKATESH,J

RS

Crl.O.P.No.21671 of 2023 & Crl.M.P.Nos.14989 & 14991 of 2023

27.9.2023

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