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Madras High CourtCRL OP/21168/2019dismissed

V.Saravanan v. The Inspector Of Police,

2019-08-06Honourable Mr Justice N. Anand Venkatesh2 pages

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.21168 of 2019 and Crl.M.P.Nos.10947 & 10948 of 2019 V.Saravanan ... Petitioner -vs1. The Inspector of Police, Shevapet Police Station, Salem City.

(Cr.No.223 of 2018)

2. V.Janaki ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings in C.C.No.107 of 2018 pending on the file of the Judicial Magistrate, Salem.

For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records and quash the proceedings in C.C.No.107 of 2018 pending on the file of the Judicial Magistrate, Salem. 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 and in accordance with law. This Court does not want to interfere with the proceedings at this stage. https://hcservices.ecourts.gov.in/hcservices/

3.This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.107 of 2018, on the file of the Judicial Magistrate, Salem, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vs To

1. The Judicial Magistrate, Salem.

2. The Inspector of Police, Shevapet Police Station, Salem City.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Muthamizh Selvakumar, Advocate, S.R.No.67002 CRL.O.P.No.21168 of 2019 and Crl.M.P.Nos.10947 & 10948 of 2019 VSNII(CO) CS/18/09/2019 https://hcservices.ecourts.gov.in/hcservices/