Mathivanan vs The State Rep. By
2024 Latest Caselaw 311 Mad

Madras High Court

Mathivanan vs The State Rep. By on 4 January, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                             1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 04.01.2024

                                                       CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                               CRL.O.P No.29 of 2024
                                           and Crl.M.P Nos.67 & 68 of 2024

                     Mathivanan                                             ...Petitioner/Accused-4

                                                            Vs.

                     1. The State Rep. By
                        Inspector of Police,
                        District Crime Branch,
                        Coimbatore.
                                                                       ..1st respondent/Complainant

                     2. B.B.Ranjani                    ..2nd respondent /Defacto Complainant
                     Prayer : Criminal Original Petition filed under Section 482 of Criminal
                     Procedure Code, praying to call for the records and quash the impunged
                     proceedings in C.C.No.651 of 2023 pending on the file of the learned
                     Judicial Magistrate-VI, Coimbatore, for an offences under Sections 420 &
                     34 of IPC as against the petitioner.


                                     For Petitioner              : Mr.R.Shanmugham
                                     For R1                      : Mr.A.Damodaran
                                                                   Additional Public Prosecutor




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                                                                2


                                                         ORDER

This petition has been filed challenging the proceedings initiated

by the respondent against the petitioner under Sections 420 & 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. 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 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. The learned counsel for the petitioner requested this Court to

dispense with the presence of the petitioner. Taking into consideration,

the facts and circumstances of the case, the presence of the petitioner is

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dispensed with and he shall be represented by a counsel, who shall cross

examine the witnesses on the same day, they are examined in Chief. The

petitioner shall be present before the Court below at the time of initial

questioning, at the time of answering the charges, at the time of

questioning under Section 313 (1)(b) Cr.P.C and at the time of passing of

the final judgment.

4. Accordingly, this Criminal Original Petition is disposed of with

a direction to the Court below to complete the proceedings in CC No.651

of 2023, as expeditiously as possible. Consequently, connected

miscellaneous petitions are also closed.

04.01.2024

Index: Yes/No Internet: Yes/No

ata

N.ANAND VENKATESH.J.,

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

ata

To

1. Learned Judicial Magistrate – VI, Coimbatore

2. The Inspector of Police, District Crime Branch, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

and Crl.M.P Nos.67 & 68 of 2024

04.01.2024

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