Madras High CourtCRL OP(MD)/17152/2022disposed of

Suresh Sundar Singh v. The Inspector Of Police

2024-12-11Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.(MD).Nos.11565 & 11567 of 2022 Suresh Sundar Singh

...Petitioner/Sole Accused

Vs.

1.State Rep. by The Inspector of Police, Nesamoney Nagar Police Station, Kanyakumari District.

(In Crime No.6/2020) ...1st respondent/complainant 2.Satheesh Kumar, Sub Inspector of Police, Nesamony Police Station, Kanyakumari District.

...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the impugned Charge Sheet in Spl.S.C. No.37 of 2021 on the file of the Principal District Court, Kanyakumari District at Nagercoil and quash the same. For Petitioner : Mr.K.Sivabalan, for Mr.G.Aravinthan For R1 : Mr.A.Albert James Government Advocate(Crl.side) For R2 : No appearance 1/4

ORDER

This petition has been filed challenging the proceedings in Spl.S.C. No.37 of 2021 on the file of the Principal District Court, Kanyakumari District at Nagercoil for the offence under Section 379 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. 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 Spl.S.C. No. 37 of 2021 within a period of four months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed.

11.12.2024 Index :Yes/No Internet : Yes/No TSG 2/4

To 1.The Principal District Court, Kanyakumari District at Nagercoil. 2.The Inspector of Police, Nesamoney Nagar Police Station, Kanyakumari District.

(In Crime No.6/2020) 3.The Sub Inspector of Police, Nesamony Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

N.ANAND VENKATESH.J., TSG Order made in Dated :

11.12.2024 4/4