Madras High CourtCRL OP/7821/2016dismissed

A.Saminathan v. The Inspector Of Police

2021-04-20Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Crl.O.P.No.7821 of 2016 and M.P Nos.4077 and 4078 of 2016 1.A.Saminathan 2.Eswaramoorthy 3.Venkadasalam 4.Senthil 5.Paramasivam 6.Shanmugam 7.Senthilkumar 8.Palanisamy 9.Kittusami

...Petitioners

-Vs1.The Inspector of Police, Avinasi Police Station, Avinasi, Trippur District.

2.Sivalingamoorthy ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.225 of 2015, pending on the file of Judicial Magistrate, Avinashi and quash the same.

For Petitioners:Mr.C.Veeraraghavan For Respondents:Mr.S.Karthikeyan for R1 Additional Public Prosecutor

ORDER

This petition has been filed to quash the proceedings in C.C.No.225 of 2015, pending on the file of Judicial Magistrate, Avinashi and quash the same.

2. The grounds raised by the counsel for the petitioners 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 https://hcservices.ecourts.gov.in/hcservices/

Procedure Code. It is left open to the petitioners 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.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in C.C.No.225 of 2020 on the file of the Judicial Magistrate, Avinashi, 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 IV) //True Copy// Sub Assistant Registrar uma To

1. The Judicial Magistrate, Avinashi.

2 .The Inspector of Police, Avinasi Police Station, Avinasi, Trippur District.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.7821 of 2016 and M.P Nos.4077 and 4078 of 2016 um[co] srg 13/07/2021 https://hcservices.ecourts.gov.in/hcservices/