Selvam vs The Sub-Inspector Of Police
2024 Latest Caselaw 21144 Mad

Madras High Court

Selvam vs The Sub-Inspector Of Police on 6 November, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                          Crl.O.P.(MD)No.7814 of 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 06.11.2024

                                                         CORAM

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                             Crl.O.P.(MD)No.7814 of 2021
                                      and Crl.M.P.(MD) Nos.3992 and 3993 of 2021

                     Selvam                                              ... Petitioner/
                                                                                  First Accused

                                                          Vs.

                     1.The Sub-Inspector of Police,
                       Lalgudi Police Station,
                       Trichy District.
                       (In Crime No.450 of 2015)                       ... Respondent No.1/
                                                                            Complainant

                     2.M.Minnal Mary                                   ... Respondent No.2/
                                                                           Defacto Complainant

                     PRAYER :           Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records pertaining to the charge
                     sheet under P.R.C.No.20 of 2018 on the file of the learned Judicial
                     Magistrate, Lalgudi and quash the same as illegal so far as the petitioner
                     is concerned.
                                       For Petitioner     : Mr.K.R.Laxman

                                       For Respondents    : Mr.S.Ravi
                                                            Additional Public Prosecutor for R1
                                                            Mr.T.Lenin Kumar for R2

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD)No.7814 of 2021




                                                         ORDER

This petition has been filed challenging the proceedings in

P.R.C.No.20 of 2018 pending on the file of the learned Judicial

Magistrate, Lalgudi.

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 P.R.C.No.20

of 2018 on the file of learned Judicial Magistrate, Lalgudi, 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 to day basis in accordance with the

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

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 petitions are closed.

                                                                              06.11.2024

                     NCC          :     Yes / No
                     Index        :     Yes / No
                     Internet     :     Yes / No
                     PKN

                     To

1.The Judicial Magistrate, Lalgudi.

2.The Inspector of Police, Lalgudi Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

N.ANAND VENKATESH,J.

PKN

Dated: 06.11.2024

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