M.Jagan@Jaganathan@ Venkatesan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P Nos.31296 & 31297 of 2019 1.M.Jagan @ Jaganathan @ Venkatesan 2.M.G.Sekar 3.V.Sampath 4.A.John 5.K.Rajendran 6.C.Durai 7.P.Murugaiyan 8.M.Periyakaruna 9.A.Murugesan 10.E.Elumalai 11.E.Rajendran 12.M.Ganesan 13.D.Gopi 14.M.Pandurangan 15.P.Sasi @ Sukkiri 16.M.Deva 17.S.Ramu 18.D.Sekar Page No.1/5

19.S.Kannan 20.C.Selvam

...Petitioners in both OPs

vs.

1.The State rep by its Inspector of Police, Vellavedu Police Station, Tiruvallur District.

...1st respondent in both OPs 2.Narayanan ...2nd espondents in Crl.O.P.No.31296 of 2019 2.B.Anbumani ...2nd respondents in Crl.O.P.No.31297 of 2019 COMMON PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet in PRC.Nos.36 & 35/2008 respectively pending on the file of the learned Judicial Magistrate No.II, Poonamallee.

For Petitioners in both OPs : Mr.K.Sasindran For Respondents in both OPs : Mr.E.Raj Thilak, Additional Public Prosecutor, for R1 Page No.2/5

COMMON ORDER These Criminal Original Petitions have been filed challenging the proceedings initiated by the respondent against the petitioners in PRC.Nos.36 & 35/2008 respectively pending on the file of the learned Judicial Magistrate No.II, Poonamallee.

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 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, these Criminal Original Petitions are disposed of with a direction to the Court below to commit the case before the concerned Sessions Court within a period of eight weeks from the date of receipt of copy of this order. The Sessions Court is directed to complete the proceedings within a period of four months thereafter. The trial shall be conducted on a day to day Page No.3/5

basis in accordance with the guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner adopts any dilatory tactics, it is open to the trial Court to insist upon the presence of the petitioner and remand him to custody as per the judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191).

10.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa To 1.Inspector of Police, Vellavedu Police Station, Tiruvallur District.

2.The Public Prosecutor, High Court, Madras.

Page No.4/5

N. ANAND VENKATESH, J.

nsa 10.08.2023 Page No.5/5