Akoram v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP.
No.28938 of 2023 Akoram ... Petitioner/sole Accused .Vs.
The State rep.by Inspector of Police Sirkazhi Police Station Nagapattinam District.
... Respondent/Complainant Crime No.512/2017 PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records pursuant to the charge sheet in C.C.No.344 of 2018 on the file of the Judicial Magistrate, Seerkazhi and quash the same by allowing this criminal original petition.
For Petitioner : Msr.N.Chinnaraj For Respondent : Mr.A.Damodaran Additional Public Prosecutor
O R D E R
This petition has been filed seeking to quash the proceedings in C.C.No.344 of 2018, on the file of the learned Judicial Magistrate, Seerkazhi.
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 jurisdiction under Section 482 of Criminal Procedure Code. Considering the nature of allegations that have been made in the final report, this Court is not inclined to interfere with the proceedings. 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.344 of 2018 on the file of the Judicial Magistrate, Seerkazhi, within a period of three months from the date of receipt of a copy of this order.
22.01.2024 Internet: Yes Index : Yes/No KP
To 1.Inspector of Police Sirkazhi Police Station Nagapattinam District.
2. Judicial Magistrate, Seerkazhi.
3.Public Prosecutor High Court, Madras
N. ANAND VENKATESH, J.
KP Crl.OP. No.28938 of 2023 22.01.2024