G.Pachaimuthu v. R.Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.Nos.9342 & 9344 of 2023 1.G.Pachaimuthu Then Sub-Inspector of Police, P3-Vyasarpadi, Chennai - 600 039.

2.M.Mukunthan Then Sub-Inspector of Police, P-5 M.K.B Nagar Police Station, Vyasarpadi, Chennai - 600 039.

3.Karthikeyan Then Head Constable, P3-Vyasarpadi Police Station, Vyasarpadi, Chennai - 600 039.

...Petitioners

Vs R.Rajendran Revenue Divisional Officer, Tondiarpet Division, No.473, Thiruvotriyur High Road, Tondiarpet, Chennai - 600 081.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to 1/4

C.C.No.3480 of 2020 on the file of X Metropolitan Magistrate Court, Egmore, Chennai and quash the same as against the petitioner/A2, A3 and A6 herein.

For Petitioners : Mr.S.Shunmugavelayutham, Senior Counsel for Mr.J.Vepparasu For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This petition has been filed seeking to quash the proceedings in C.C.No.3480 of 2020 on the file of X Metropolitan Magistrate Court, Egmore, Chennai.

2. The grounds raised by the 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. 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. Accordingly, this Criminal Original Petition is dismissed with a 2/4

direction to the Court below to complete the proceedings in C.C.No.3480 of 2020 on the file of X Metropolitan Magistrate Court, Egmore, Chennai, within a period of three (3) months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed. 07.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The X Metropolitan Magistrate Court, Egmore, Chennai.

2.The Revenue Divisional Officer, Tondiarpet Division, No.473, Thiruvotriyur High Road, Tondiarpet, Chennai - 600 081.

3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 3/4

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