Madras High CourtCRL OP/26604/2023dismissed

Balamurugan v. State Rep.By

2024-03-13Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.26604 of 2023 and Crl.MP.Nos.18529 & 18530 of 2023 1.Balamurugan 2.G.Tamil Selvan 3.Vijay 4.Jayapaul

...Petitioners/Accused (1-4)

.Vs.

State rep.by The Inspector of Police D-1 Triplicane Police Station.

.. Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.5451 of 2023 on the file of II Metropolitan Magistrate, Egmore and quash the same.

For Petitioners : Mr.R.Sankarasubbu For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This petition has been filed to quash the proceedings in C.C.No.5451 of 2023, pending on the file of II Metropolitan Magistrate, Egmore.

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. The facts of this case and grounds raised the quash petition does not fall within the parameters laid down by the Apex Court in Bhajan Lal case reported in (1992) Suppl (1) SCC 335. It is left open to the petitioners to raise all the grounds before the Court 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.The learned Government Advocate (Crl.Side) brought to the notice of this Court that already 9 witnesses have been examined in this case. This is yet another ground of which this Court is not inclined to exercise its jurisdiction under Section 482 of Cr.PC., after the commencement of trial and at the fag end of the trial.

4. Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in C.C.No.5451 of 2023, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed. 13.03.2024 Index: Yes/No Speaking Order/Non Speaking Order kp

To 1.The Inspector of Police D-1 Triplicane Police Station.

2.II Metropolitan Magistrate, Egmore.

3.The Public Prosecutor High Court of Madras.

N.ANAND VENKATESH.,J kp CRL.O.P No.26604 of 2023 13.03.2024