Madras High CourtCRL OP/51/2024disposed of

Venkatesan v. Inspector Of Police

2024-01-05Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.51 of 2024 and Crl.M.P.No.92 of 2024 1.Venkatesan 2.Franklin Maxwell ... Petitioners Vs.

1.State Rep. by The Inspector of Police, C-3, Manimangalam Police Station, Kanchipuram District.

2.Bhaskar

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in C.C.No.316 of 2023 on the file of the Judicial Magistrate, Sriperumbudur. For Petitioner : Mr.A.Balasingh Ramanujam For Respondent : Mr.A.Gopinath Government Advocate for R1 1/4

O R D E R

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under 304(A) of 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 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 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.316 of 2023 on the file of the learned Judicial Magistrate, Sriperumbudur, within a period of three months from the date of receipt of a copy of this order. The trial shall be conducted on a day to day basis in accordance with the guidelines given by Hon'ble Supreme Court reported in 2/4

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). Consequently, connected miscellaneous petition is closed. 05.01.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Judicial Magistrate, Sriperumbudur.

2.The Inspector of Police, C-3, Manimangalam Police Station, Kanchipuram District.

3.The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH, J ssr Crl.O.P.No.51 of 2024 and Crl.M.P.No.92 of 2024 05.01.2024 4/4