Madras High CourtCRL OP/22959/2019dismissed

N.Chandiran v. State Rep By

2019-08-27Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.22959 of 2019 and Crl.M.P Nos.12011 and 12012 of 2019

1. N.Chandiran

2. K.Saravanan

3. K.Raja

4. K.Sundar

...Petitioners

Vs.

1. State rep. by The Inspector of Police, R-8, Vadapalani Police Station, Vadapalani, Chennai - 600 026.

2. S.Ravi

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to C.C.No.7180 of 2014 pending on the file of the XVII Metropolitan Magistrate, Saidapet and quash the same as illegal, incompetent and ultravires by allowing the present criminal original petition, For Petitioner : Mr.B.Siddeswaran For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 448, 386, 467 and 420 of IPC.

2. The grounds raised by the 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 https://hcservices.ecourts.gov.in/hcservices/

jurisdiction under Section 482 of 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 of with a direction to the Court below to complete the proceedings in C.C.No.7180 of 2014 within a period of three months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petition is closed. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar ssr To

1. The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, R-8, Vadapalani Police Station, Vadapalani, Chennai - 600 026.

3. The Public Prosecutor, High Court, Madras.

CRL.OP.No.22959 of 2019 and Crl.M.P.Nos.12011 and 12012 of 2019 aa23/09/2019 https://hcservices.ecourts.gov.in/hcservices/