Venkatesan vs State Rep. By
2024 Latest Caselaw 405 Mad

Madras High Court

Venkatesan vs State Rep. By on 5 January, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

Crl.O.P.No.51 of 2024 and Crl.M.P.No.92 of 2024

1.Venkatesan

2.Franklin Maxwell ... Petitioners

Vs.

1.State Rep. by The Inspector of Police, C-3, Manimangalam Police Station, Kanchipuram District.

2.Bhaskar ...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.316 of 2023 on the file of the Judicial Magistrate, Sriperumbudur.

                                  For Petitioner              : Mr.A.Balasingh Ramanujam

                                  For Respondent              : Mr.A.Gopinath
                                                                Government Advocate for R1

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

This petition has been filed challenging the proceedings initiated by the

respondent against the petitioner under 304(A) 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 the quash petition does not fall within the parameters

laid down by the Apex Court in Bhajan Lal case reported in (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. Accordingly, this Criminal Original Petition is dismissed with a direction to

the Court below to complete the proceedings in C.C.No.316 of 2023 on the file of

Judicial Magistrate / Additional Mahila Court,Erode, within a period of three months

from the date of receipt of a copy of this order. The trial shall be conducted on a day

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

closed.

05.01.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

To

1.The Judicial Magistrate, Sriperumbudur.

2.The Inspector of Police, C-3, Manimangalam Police Station, Kanchipuram District.

3.The Public Prosecutor, High Court, Madras.

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

ssr

05.01.2024

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