V.Kalaiselvi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5063 of 2024 and Crl.MP.Nos.3672 & 3673 of 2024 V.Kalaiselvi .. Petitioner/1st Accused vs.

1.State rep.by The Inspector of Police R-4 Soundarapandiyanar Angadi Police Station T.Nagar, Chennai 600 017.

..1st Respondent /Complainant (Cr.No.272 of 2019) 2.Vasantha ..2nd respondent/ De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to C.C.No.1024 of 2020, pending on the file of XVII Metropolitan Magistrate Court, Saidapet, Chennai-15 and quash the same in respect of the petitioner/1st accused.

For Petitioner : Mr.S.P.Sathyanathan For Respondents : Mr.A.Gopinath Government Advocate for R1

ORDER

This petition has been filed to quash the proceedings in C.C.No.1024 of 2020, pending on the file of XVII Metropolitan Magistrate Court, Saidapet, Chennai-15.

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. The facts of this case and grounds raised the quash petition does not fall within the parameters laid down by the Apex Court in Bhajan Lal case reported in (1992) Suppl (1) SCC 335. It is left open to the petitioner to raise all the grounds before the Court 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.The learned Government Advocate (Crl.Side) brought to the notice of this Court that already 15 witnesses have been examined in this case and the case is at the stage of examination of the investigation officer. This is yet another ground of which this Court is not inclined to exercise its jurisdiction under Section 482 of Cr.PC., after the commencement of trial and at the fag end of the trial.

4. Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in C.C.No.1024 of 2020, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition are closed.

05.03.2024 Index : Yes/No Speaking Order/Non-Speaking Order kp

To 1.The Inspector of Police R-4 Soundarapandiyanar Angadi Police Station T.Nagar, Chennai 600 017.

2. XVII Metropolitan Magistrate Court Saidapet, Chennai-15.

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

N. ANAND VENKATESH, . J.

kp Crl.O.P No.5063 of 2024 05.03.2024