Madras High CourtCRL OP/769/2021disposed of

R.Senthamizhventhan @ Paul v. State Rep. By

2021-01-22Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.769 of 2021 and Crl.M.P No.443 of 2021 R.Senthamizhventhan

...Petitioner

Vs.

1. The State Rep. By Sub Inspector of Police, Vanthavasi South Police Station, Tiruvannamalai District, Vandavasi -604 408 ..1st respondent/ Complainant

2. A.Karthi ..2nd respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in C.C.No.129 of 2017 on the file of the Judicial Magistrate Court at Vandavasi and quash the same.

For Petitioner : M.R.Thangavel For Respondents : Mr.C.Raghavan Government Advocate for 1st respondent

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 29b(4), 353, 506(1) 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. 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.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in CC No.129 of 2017 within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are also closed.

22.01.2021 Index: Yes/No Internet: Yes/No rka To

1. The State Rep. By Sub Inspector of Police, Vanthavasi South Police Station, Tiruvannamalai District, Vandavasi -604 408

2. Judicial Magistrate Court, Vandavasi

3. The Public Prosecutor, High Court, Madras

N.ANAND VENKATESH.J., rka CRL.O.P No.769 of 2021 and Crl.M.P No.443 of 2021 22.01.2021