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Madras High CourtCRL OP/467/2018disposed of

Inbanathan, v. The State Rep By Its,

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.467 of 2018 and Crl.M.P Nos.146 & 147 of 2018 Inbanathan

...Petitioner

Vs.

State Rep. by Inspector of Police, District Crime Branch, Thiruvallur.

(Crime No.09 of 2016)

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records and quash the proceedings in C.C.No.33 of 2017 on the file of the Judicial Magistrate, Tiruttani.

For Petitioner : Mr.M.Mohamed Hasain For Respondent : Mr.C.Raghavan Government Advocate

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 406, 120, & 294 (b) and 506(i) 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.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in C.C.No.33 of 2017 on the file of the Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Tiruttani, 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 ssr To

1. The Judicial Magistrate, Tiruttani.

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

3. The Public Prosecutor, High Court, Madras BR(CO) SM/01/03/2021 CRL.O.P No.467 of 2018 and Crl.M.P Nos.146 & 147 of 2018 https://hcservices.ecourts.gov.in/hcservices/