Madras High CourtCRL OP/3611/2024disposed of

Vinoth v. The State Of Tamilnadu

2024-02-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.3611 of 2024 and Crl.M.P Nos.2660 & 2661 of 2024 1.Vinoth 2.K.Vinoth Kumar

...Petitioners /Accused 1 and 2

.Vs.

The State of Tamil Nadu Rep.by its Sub-Inspector of Police Thittakudi Police Station Cuddalore District-606 106.

...1st Respondent /Complainant Dr.Sebanatham Chief Medical Officer Govt.Hospital, Thittagudi ..2nd respondent/de facto complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in STC No.449 of 2023, on the file of Judicial Magistrate, Tittakudi, Cuddalore District and quash the criminal proceedings initiated against the petitioner herein. For Petitioner : Mrs.Rekha Sivakumar For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1

ORDER

This petition has been filed seeking to quash the proceedings in STC No.449 of 2023, pending on the file of Judicial Magistrate, Tittakudi, 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 Procedure Code. The facts of this case and grounds raised 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 petitioners 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 disposed of and the Court below is directed to complete the proceedings in STC.No.449 of 2023, as expeditiously as possible. Consequently, the connected miscellaneous petitions are also closed.

19.02.2024 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No kp

To 1.Sub-Inspector of Police Thittakudi Police Station Cuddalore District-606 106.

2.Dr.Sebanatham Chief Medical Officer Govt.Hospital, Thittagudi

3. Judicial Magistrate Tittakudi, Cuddalore District.

4.The Public Prosecutor, High Court of Madras, Madras.

N.ANAND VENKATESH.J., kp CRL.O.P No.3611 of 2024 19.02.2024