N.Raja v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.Nos.3973 & 3974 of 2024 1.N.Raja 2.Narasimman 3.Sathish Kumar 4.Thulasidass 5.Chandiran 6.Posanikai @ Balasubramani 7.M.Subramani 8.Thopai Raja @ Raja 9.J.Babu 10.A.Ishkaran @ Karuppan

11. K.Shanmugam @ Telephone Shanmugam

12. V.Renganathan @ Yakumarsuthakar 13.K.Anandhan @ Anandakumar 14.M.Chinnasami

15. P.Subramani @ Pulichakeerai Subramani 16.S.Rengarasu 17.A.Velayutham 18.K.Muthusami 19.G.Prakash 20.S.Periyasamy 21.K.Elango 22.T.Venkatesan 23.S.Lakshmi

24. N.Vellachi @ Velaiyammal

25. JCB Kannan 26.Thoppalan@ Vaiyapuri 1/4

27.P.Ramar 28.D.Santhi 29.V.Prabhu 30.N.Thangamani 31.V.Anjalai 32.A.Amudha 33.L.Pounambal

34. Shanthi

35. V.Madheshwaran ... Petitioners Vs.

1. The State Rep. By The Deputy Superintendent of Police Vazhapadi, Salem District.

(Crime No.94/2017)

2. The Inspector of Police Thalaivasal Police Station Salem District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for records and quash the charge sheet filed against them which is pending before the Mahila Court, Salem in S.C.No.237 of 2022.

For Petitioners : Mr.J.Ravikumar For Respondents : Mr.A.Gopinath Govt. Advocate (Crl.side) [R1] *****

O R D E R

This petition has been filed seeking to quash the proceedings in S.C.No.237 of 2022 on the file of Mahila Court, Salem. 2/4

2. The grounds raised by learned counsel for 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 in the quash petition do not fall within the parameters laid down by the Apex Court in State of Haryana and others v. Bhajanlal and others [(1992) Suppl (1) SCC 335]. 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 disposed of with a direction to the Court below to complete the proceedings in S.C.No.237 of 2022 as expeditiously as possible.

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 petitioners adopt any dilatory tactics, it is open to the trial Court to insist 3/4

N.ANAND VENKATESH, J gm upon the presence of the petitioners and remand them 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 closed. 05.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Mahila Court, Salem.

2.The Deputy Superintendent of Police, Vazhapadi, Salem District.

(Crime No.94/2017) 3.The Inspector of Police, Thalaivasal Police Station, Salem District.

4. The Public Prosecutor, Madras High Court, Chennai 4/4