Arumugam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.2140 of 2021 Arumugam

...Petitioner/Accused/Accused-1

Vs.

1. State Rep. by The Inspector of Police (CBCID) Keelaiyur Police Station, Nagapattinam District.

(Crime No.252 of 2018)

...Respondent/Complainant/Complainant

2. The Inspector of Police, Velankanni Police Station, Nagapattinam District.

(Crime No.529 of 2013)

...Respondent/Complainant/Complainant

3. K.Prabhakaran ... Respondents/De-facto Complainant/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in PRC No.22 of 2019 on the file of the Judicial Magistrate No.2, Nagapattinam in Crime No.252 of 2018 (on the file of the respondent No.1 Police Station) and quash the same so far as the petitioner is concerned.

For Petitioner :Mr.G.K.Nizamudeen For Respondents:Mr.C.Raghavan Govt.Advocate

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Section 147, 148, 342, 302, 120(b), 34, 201, 109.

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

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.This Criminal Original Petition is disposed of with a direction to the Court below to commit the case to the concerned Sessions Court, within a period of two months from the date of receipt of a copy of this order. The Sessions Court shall conduct the trial on a day 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] and complete the proceedings, within a period of three months, thereafter.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ssr To

1. The Judicial Magistrate No.2, Nagapattinam.

2. The Inspector of Police (CBCID) Keelaiyur Police Station, Nagapattinam District.

3. The Inspector of Police, Velankanni Police Station, Nagapattinam District.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P No.2140 of 2021 PMK(CO) CB(23/03/2021) https://hcservices.ecourts.gov.in/hcservices/