Madras High CourtCRL OP/5486/2024dismissed

Sampath v. The Inspector Of Police,

2024-03-08Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5486 of 2024 and Crl.MP.No.4007 of 2024 Sampath .. Petitioner/Accused vs.

1.The Inspector of Police Mangalamedu Police Station Perambalur District.

..Respondent /Complainant 2.Amutha ..2nd respondent/ De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.58 of 2018, on the file of the Additional Mahila Court, Perambalur and quash the same.

For Petitioner : Mr.M.Muruganantham For Respondents : Mr.A.Gopinath Government Advocate for R1

ORDER

This petition has been filed to quash the proceedings in C.C.No.58 of 2018, on the file of the Additional Mahila Court, Perambalur.

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. 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 petitioner 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.The learned Government Advocate (Crl.Side) also brought to the notice of this Court that NBW is pending against the petitioner. The same is also a ground for this Court not to entertain this quash petition.

4. Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in C.C.No.58 of 2018, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.

08.03.2024 Index : Yes/No Speaking Order/Non-Speaking Order kp

To 1.The Inspector of Police Mangalamedu Police Station Perambalur District,

2. Additional Mahila Court, Perambalur.

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

N. ANAND VENKATESH, . J.

kp Crl.O.P No.5486 of 2024 08.03.2024