Madras High CourtCRL OP/16750/2023disposed of

V.Murugan v. R.R.Vivekanandan

2023-07-28Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.Nos.10755 and 10757 of 2023 V.Murugan .. Petitioner

Versus

R.R.Vivekanandan .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the S.T.C.No.655 of 2022 on the file of the learned Judicial Magistrate No.I, Gobichettipalayam and quash the same.

For Petitioner : Mr.M.N.Balakrishnan

ORDER

This petition has been filed seeking to quash the proceedings in S.T.C.No.655 of 2022 on the file of the learned Judicial Magistrate No.I, Gobichettipalayam.

2. The grounds raised by the learned 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 1/4

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 off with a direction to the Court below to complete the proceedings in S.T.C.No.655 of 2022 on the file of the learned Judicial Magistrate No.I, Gobichettipalayam, 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 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 closed.

28.07.2023 Index : yes/no Speaking order/Non-speaking order 2/4

: yes/no grs To The Judicial Magistrate No.I, Gobichettipalayam.

3/4

N.ANAND VENKATESH, J.

grs and Crl.M.P.Nos.10755 and 10757 of 2023 28.07.2023 4/4