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Madras High CourtCRL OP/21410/2023disposed of

Nataraj v. State Rep By

2023-09-26Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.21410 of 2023 and Crl.MP.Nos.14753 and 14754 of 2023 1.Nataraj, A-58 Y S/o.Ponnusamy 2.Saravanan, A-26 Y S/o.Nataraj .. Petitioners/Accused 1 & 2 .Vs.

1.State of Tamil Nadu rep.by The Inspector of Police Kangeyam Police Station.

.. Respondent/Complainant (Crime No.177 of 2023) 2.Mani W/o.Veluchamy ..Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in S.C.No.244 of 2023, on the file of the learned III Additional District Judge, Tiruppur and quash the same. For Petitioners : Mr.Thangavel for Mr.V.Balamurugan For Respondents: Mr.A.Gopinath Government Advocate (Crl.side) for R1

ORDER

This petition has been filed to quash the proceedings in S.C.No.244 of 2023, pending on the file of the learned III Additional District Judge, Tiruppur.

2. The grounds raised by the counsel for the 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.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in S.C.No.244 of 2023, pending on the file of the learned III Additional District Judge, Tiruppur within a period of six months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed. 26.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KP

To

1. The Inspector of Police Kangeyam Police Station.

2. III Additional District Judge Tiruppur.

3.The Public Prosecutor High Court, Madras.

N. ANAND VENKATESH, J.

KP Crl.O.P No.21410 of 2023 26.09.2023