Madras High CourtCRL OP/3000/2021disposed of

Krishnamoorthy v. State Rep By

2021-02-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.3000 of 2021 and Crl.M.P Nos.1686 & 1702 of 2021 Krishnamoorthy ... Petitioner Vs.

1. State rep. by Inspector of Police, Selvapuram Police Station, Coimbatore.

(Crime No.1356/2018)

2. K.Singaravelu, S/o.Kathirvel ... Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the entire records relating to the charge sheet in C.C.No.195 of 2020 on the file of the Judicial Magistrate No.V, Coimbatore. For Petitioner : M/s.L.Mouli For R1 : Mr.C.Raghavan, Govt. Advocate (Crl.Side)

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 294(b) and 323 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 C.C.No.195 of 2020 pending on the file of Judicial Magistrate V, Coimbatore, 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(CO) //True Copy// Sub Assistant Registrar kal To

1. The Judicial Magistrate V, Coimbatore.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.L.Mouli, Advocate, S.R.No.9981.

CRL.O.P No.3000 of 2021 and Crl.M.P Nos.1686 & 1702 of 2021 GP(CO) CSR 17.03.2021 https://hcservices.ecourts.gov.in/hcservices/