Madras High CourtCRL OP/420/2018disposed of

Savarinathan, M/A.35 Yrs v. State By

2021-02-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.420 of 2018 and Crl.M.P Nos.137 & 138 of 2018 Savarinathan

...Petitioner

Vs.

1. State by Inspector of Police, District Crime Branch, Cuddalore, Cuddalore District.

(Crime No.06 of 2011)

2. S.Jayamoorthy ..Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to the proceedings in C.C.No.182 of 2017 on the file of the learned Judicial Magistrate No.I, Panruti, Cuddalore District and Quash the proceedings therein pending against the petitioner herein.

For Petitioner : Mr.A.Arasu Ganesan For Respondents : Mr.C.Raghavan Government Advocate for R1 Mr.Baskaran for R2

ORDER

This petition has been filed challenging the proceedings initiated by the 1st respondent against the petitioner under Sections 409, 420, 464, 471 & 477 (A) 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. https://hcservices.ecourts.gov.in/hcservices/

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in CC No.182 of 2017 on the file of the Judicial Magistrate No.I, Panruti, Cuddalore 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 (CS.VI) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Panruti, Cuddalore District.

2. The Inspector of Police, District Crime Branch, Cuddalore, Cuddalore District.

3. The Public Prosecutor, High Court, Madras AKM/26.02.21/ 2P- 4C/ CRL.O.P No.420 of 2018 and Crl.M.P Nos.137 & 138 of 2018 03.02.2021 https://hcservices.ecourts.gov.in/hcservices/