Madras High CourtCRL OP/16248/2017dismissed

P.Ramanathan, v. State Rep By

2021-02-16Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.16248 of 2017 and Crl.M.P No.10026 & 11595 of 2017 P.Ramanathan

...Petitioner

Vs.

1. State: Rep. by The Inspector of Police, Crime Branch CID, Head Quarters, Chennai - 600 032.

2. R.K.Gupta ...respondents [ R2 impleaded vide this Court Order dated 15.09.2017 made in Crl.MP.No.11595 of 2017 in Crl.O.P.No.16248 of 2017] PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to quash all further proceedings as against the petitioner in C.C.No.345 of 2009 on the file of XI Metropolitan Magistrate, Saidapet, Chennai - 600 015 and thus render justice.

For Petitioner : Mr.R.Vijayaraghavan For Respondents : Mr.C.Raghavan Government Advocate for 1st respondent M/s.M.A.Muthalakan for R2

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 109, 114, 419, 420, 465, 467, 468, 471 r/w 120 (B) & 34 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 https://hcservices.ecourts.gov.in/hcservices/

its 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 dismissed with a direction to the Court below to complete the proceedings in C.C.No.345 of 2009 on the file of XI Metropolitan Magistrate, Saidapet, Chennai - 600 015, within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar ssr To

1. XI Metropolitan Magistrate, Saidapet, Chennai - 600 015.

2. The Inspector of Police, Crime Branch CID, Head Quarters, Chennai - 600 032.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.Dass & Viswa Associates, SR.9265 CRL.O.P No.16248 of 2017 and Crl.M.P No.10026 & 11595 of 2017 JP II(CO) CB(09/03/2021) https://hcservices.ecourts.gov.in/hcservices/