Madras High CourtCRL OP/4166/2021dismissed

B.Amutha v. State By

2021-03-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P NO.4166 OF 2021 AND CRL.M.P NOS.2625 & 2626 OF 2021 B.Amutha

...Petitioner/

Accused Vs.

1. State By:

The Sub-Inspector of Police, District Crime Branch, Krishnagiri, Tamil Nadu.

... Respondent/Complainant

2. Mr.K.Vediyappan

...Respondent/

Defacto Complainant PRAYER :

Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the proceedings in C.C.No.20 of 2019 on the file of the learned Judicial Magistrate-II, Krishnagiri and quash the same. For Petitioner : Mr.M.Fazulul Haw For Respondents : Mr.C.Raghavan Government Advocate for 1st respondent

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 406 and 420 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 https://hcservices.ecourts.gov.in/hcservices/

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.20 of 2019 on the file of the learned Judicial Magistrate-II, Krishnagiri, 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 VII) //True Copy// Sub Assistant Registrar ssr To

1. The Judicial Magistrate-II, Krishnagiri.

2. The Sub-Inspector of Police, District Crime Branch, Krishnagiri, Tamil nadu.

3. The Public Prosecutor, High Court, Madras +1cc to M/s.Juris and Justia, Advocate, S.R.No.14113 CRL.O.P No.4166 of 2021 and Crl.M.P Nos.2625 & 2626 of 2021 GPL(CO) CS/29/03/2021 https://hcservices.ecourts.gov.in/hcservices/