Madras High CourtCRL OP/904/2021disposed of

S.M.Nazar v. Public Prosecutor, Tiruvallur

2021-01-25Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.904 of 2021 and Crl.M.P Nos.569 & 571 of 2021 S.M.Nazar

...Petitioner

Vs.

Public Prosecutor, Tiruvallur District, Tiruvallur.

....Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in C.C.No.2 of 2020, on the file of the learned Principal Sessions Judge, Tiruvallur and quash the same.

For Petitioner : Mr.N.R.Elango Senior Counsel for Mr.E.Raj Thilak For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to call for the records in C.C.No.2 of 2020, on the file of the learned Principal Sessions Judge, Tiruvallur and quash the same.

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 C.C.No.2 of 2020, on the file of the learned https://hcservices.ecourts.gov.in/hcservices/

Principal District and Sessions Court, Tiruvallur District, within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To

1. Principal District and Sessions Court, Tiruvallur District, 2.Public Prosecutor, Tiruvallur District, Tiruvallur.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P No.904 of 2021 VSN II(CO) GN(18/02/2021) https://hcservices.ecourts.gov.in/hcservices/