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Madras High CourtCRL OP/2400/2024disposed of

Darshan v. The Inspector Of Police

2024-02-09Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P.Nos.1715 and 1716 of 2024 Darshan ... Petitioner Vs.

1.The Inspector of Police District Crime Branch Vellore, Vellore District.

(Crime No.06 of 2018) 2.Baskaran ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the entire records in pursuant to the final report in C.C.No.383 of 2023 on the file of Judicial Magistrate No.II, Vellore, Vellore District and quash the same.

For Petitioner : Mr.M.Sathish Kumar For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

The criminal original petition has been filed challenging the proceedings in C.C.No.383 of 2023 on the file of the Judicial Magistrate 1/4

No.II, Vellore, Vellore District.

2.The grounds raised by the learned 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 in 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.Accordingly, this criminal original petition is dismissed and the Court below is directed to complete the proceedings in C.C.No.383 of 2023, as expeditiously as possible. Consequently, the connected miscellaneous petitions are closed.

09.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 2/4

To 1.The Judicial Magistrate No.II, Vellore, Vellore District.

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

(Crime No.06 of 2018) 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

3/4

N.ANAND VENKATESH,J.

pri And Crl.M.P.Nos.1715 and 09.02.2024 4/4