C.R.Tirupathy v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.08.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.21124 of 2019 and Crl.M.P.No.10882 of 2019 C.R.Tirupathy ... Petitioner -vs1.The State, Rep by, Sub-Inspector of Police, KRP Dam Police Station, Krishnagiri District.

Crime No.163 of 2018.

2.Dr.Sagunthala ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the entire records pursuant to C.C.No.102 of 2018 on the file of the Judicial Magistrate-II, Krishnagiri, and quash the same by allowing this Criminal Original Petition.

For Petitioner : M/s.N.Sureka For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the entire records pursuant to C.C.No.102 of 2018 on the file of the Judicial Magistrate-II, Krishnagiri, and quash the same by allowing this Criminal Original Petition.

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.The learned counsel for the petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner is dispensed with and he shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioner shall be present before the Court below at the time of questioning under Section 313 Cr.P.C. and at the time of passing of the final judgement.

4.This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.102 of 2018, on the file of the Judicial Magistrate-II, Krishnagiri, 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 Judicial Magistrate-II, Krishnagiri.

2.The Sub-Inspector of Police, KRP Dam Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.21124 of 2019 and Crl.M.P.No.10882 of 2019 SS(CO) SP(12/09/2019) https://hcservices.ecourts.gov.in/hcservices/