J.Venkatesan v. Asha @ Meharunnissa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17542 of 2015 and Crl.M.P.Nos.1 and 2 of 2015 J.Venkatesan Petitioner vs.

Tmt.Asha @ Meharunnissa Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in M.C.No.2 of 2014, on the file of the learned Chief Judicial Magistrate, Tiruppur, Tiruppur District and quash the proceedings therein as against the petitioner herein. For Petitioner : M/s.D.Sivashanmugam For Respondent :Mr.M.Saravanakumar

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner for an offence under Section 125 of Cr.P.C.

2. The various grounds raised by the learned counsel for the petitioner are all factual in nature and the same requires appreciation of evidence in the course of the trial and the said exercise cannot be done by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to the petitioner to raise all the grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law. This Court does not want to interfere with the proceedings at this stage.

3. The learned Chief Judicial Magistrate, Tiruppur, Tiruppur District, is directed to complete the proceedings in M.C.No.2 of 2014, within a period of two months from the date of receipt of copy of this order.

https://hcservices.ecourts.gov.in/hcservices/

4. This Criminal Original Petition is disposed of with the above direction. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar ub To 1.The Chief Judicial Magistrate, Tiruppur, Tiruppur District.

2.The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P No.17542 of 2015 MP(CO) SSM(10/09/2019) https://hcservices.ecourts.gov.in/hcservices/