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Madras High CourtCRL OP/21229/2019disposed of

N.S.Sathya Sekar v. N.Natarajan

2019-08-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.21229 of 2019 and Crl.M.P.No.10992 of 2019 N.S.Sathya Sekar ... Petitioner/Accused -vs1.N.Natarajan ..1st Respondent/Complainant 2.State by The Inspector of Police, V-5, Thirumangalam Traffic Investigation Villivakkam, Chennai-600 049.

...2nd Respondent/Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.6341 of 2016 pending on the file of the Learned VI Metropolitan Magistrate Chennai at Egmore and quash the same against the petitioner.

For Petitioner : Mr.M.Jaikumar For Respondents : Mr.M.Mohamed Riyaz (for R2) Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.6341 of 2016 pending on the file of the Learned VI Metropolitan Magistrate Chennai at Egmore and quash the same against the petitioner.

2.The various grounds raised by the learned counsel for the petitioner are all factual in nature and the same requires appreciation of evidence in the course of the trial and the said exercise cannot be done by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to the petitioner to raise all the grounds before the Court below and the Court below shall consider the same on its own merits https://hcservices.ecourts.gov.in/hcservices/

and in accordance with law. This Court does not want to interfere with the proceedings at this stage. 3.This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.6341 of 2016, on the file of the VI Metropolitan Magistrate Chennai at Egmore, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar vs To 1.The VI Metropolitan Magistrate, Chennai at Egmore.

2.The Inspector of Police, V-5, Thirumangalam Traffic Investigation Villivakkam, Chennai-600 049.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.21229 of 2019 and Crl.M.P.No.10992 of 2019 SS(CO) SP(12/09/2019) https://hcservices.ecourts.gov.in/hcservices/