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Madras High CourtCRL OP/18515/2023disposed of

R.Suresh v. Ganesan Chinnamani

2023-08-18Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18515 of 2023 and Crl.M.P.Nos.12322 & 12323 of 2023 R.Suresh

...Petitioner

vs.

Ganesan Chinnamani

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in CC.No.23 of 2021 on the file of the learned Judicial Magistrate, Panrutti and quash the same. For Petitioner : Mr.C.Deepakkumar Page No.1/4

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the case in CC.No.23 of 2021 on the file of the learned Judicial Magistrate, Panrutti and quash the same.

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 disposed of with a direction to the Court below to complete the proceedings in CC No.23 of 2021 within a period of three months from the date of receipt of a copy of this order. The trial shall be conducted on a day to day basis in accordance with the guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner adopts any dilatory Page No.2/4

tactics, it is open to the trial Court to insist upon the presence of the petitioner and remand him to custody as per the judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous petitions are also closed.

18.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa To 1.The Judicial Magistrate, Panrutti

2. The Public Prosecutor, Madras High Court, Chennai 600 104..

Page No.3/4

N. ANAND VENKATESH, J.

nsa Crl.O.P No.18515 of 2023 and Crl.M.P.Nos.12322 & 12323 of 2023 18.08.2023 Page No.4/4