Madras High Court
Thangamani vs State Represented By on 3 January, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Criminal Original Petition No.29286 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Criminal Original Petition No.29286 of 2023
and
Crl.M.P.Nos.20293 & 20294 of 2023
1.Thangamani
S/o.Kanthasamy
2.Karthikeyan
S/o.Thangamani
3.Tamilnilavan
S/o.Thangamani ...Petitioners
Vs
State represented by
1.The Inspector of Police,
Thiruthuraipoondi Police Station,
Thiruvarur District.
Crime No.460/2019
2.Balasubramaniyan
S/o.Ganesan ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, 1973, praying to call for the records relating to
C.C.No.138 of 2023 on the file of Judicial Magistrate, Thiruthuraipoondi,
Thiruvarur District and quash the same.
1/4
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.29286 of 2023
For Petitioners : Mr.R.Karthick Sevugaperumal
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor [R1]
*****
ORDER
This petition has been filed challenging the proceedings initiated by
the second respondent against the petitioners under Sections 294(b), 323,
324 and 506(ii) IPC.
2. In the instant case, there is a case in counter in Crime Nos.460 and
461 of 2019 and both ended in filing of final reports and the same have been
taken cognizance in C.C.Nos.138 of 2022 and 11 of 2023 on the file of
Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District and pending
before the same Court. In view of the same, there is no scope for interfering
with the final report in one of the proceedings. The Court below shall
proceed further with the case in line with the judgment of the Apex Court in
Nathilal vs. State of U.P. [1990 SCC (Crl.) 638] as expeditiously as
possible.
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.29286 of 2023
3. The grounds raised by learned counsel for petitioners 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. The facts of this case and grounds raised in the quash
petition do not fall within the parameters laid down by the Apex Court in
State of Haryana and others v. Bhajanlal and others [(1992) Suppl (1)
SCC 335]. 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.
Accordingly, this Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings in C.C.No.138 of
2023 on the file of Judicial Magistrate, Thiruthuraipoondi, Thiruvarur
District, as expeditiously as possible. Consequently, connected
miscellaneous petitions are also closed.
03.01.2024
Index : Yes/No
Speaking order:Yes/No
Neutral citation:Yes/No
gm
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.29286 of 2023
N.ANAND VENKATESH, J
gm
To
1.The Judicial Magistrate,
Thiruthuraipoondi,
Thiruvarur District.
2.The Inspector of Police,
Thiruthuraipoondi Police Station,
Thiruvarur District.
3.The Public Prosecutor,
High Court, Madras.
Criminal Original Petition No.29286 of 2023
03.01.2024
https://www.mhc.tn.gov.in/judis
