Disposed

Rathinam v. State Represented by

Madras HC24 Sept 2021CRL OP/23196/2018

Case brief

AI extract

What is this about?

The High Court held that the issues in the underlying criminal trial were triable and required evidence appreciation, precluding interference under Section 482 Cr.P.C. The petition was disposed of with a direction to expedite the trial and dispensing with the petitioners habitual appearances.

What did the court decide?

Petition disposed of; trial court directed to expedite CC No.232 of 2015; petitioners' routine appearance dispensed with.

Rathinam Vs State Represented by — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.09.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.No.23196 of 2018

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and

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Crl.M.P.Nos.12949 & 12952 of 2018

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Rathinam

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Mani

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Sankar

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Ramalingam

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Sampath 6. Partheeban 7. Anand 8. Sathyaraj .. Petitioners

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Vs.

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The Inspector of Police, Thandarampattu Police Station, Thiruvannamalai District.

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Crime No.203 of 2014

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Sathiya

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.. Respondents

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Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records in CC.No.232 of 2015 pending on the file of the learned Judicial Magistrate-I, Thiruvannamalai, Thiruvannamalai District and quash the charge sheet.

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For Petitioners : Mr.R.Balakrishnan

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For Respondent : Mr.C.E.Pratap Government Advocate (Crl. side)

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O R D E R

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The petitioners have filed this petition seeking to quash the proceedings in CC.No.232 of 2015 pending on the file of the learned Judicial Magistrate-I, Thiruvannamalai, Thiruvannamalai District

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https://hcservices.ecourts.gov.in/hcservices/

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Though several grounds have been raised by the learned counsel for the petitioners, however, this Court is of the opinion the issue is a triable issue and 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 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.

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3.It is represented by the learned counsel appearing for the petitioners that this Court may issue a direction to the Trial Court to expedite the trial and complete the same as early as possible. He would further submit that the appearance of the petitioners before the Trial Court may be dispensed with.

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Accordingly, this petition is disposed of directing the trial court to dispose of CC.No.232 of 2015 pending on the file of the learned Judicial Magistrate-I, Thiruvannamalai, Thiruvannamalai District as expeditiously as possible as per seniority of the case. The petitioners and second respondent are directed to co-operate with the trial court for the early completion of trial. Further, taking into consideration the request as made by the learned counsel for the petitioners, their appearance before the trial court is dispensed with except for his appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners is necessary, the trial court, at its wisdom, shall direct their appearance on those days. Consequently, connected miscellaneous petitions, if any, are closed.

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Sd/Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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rli

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https://hcservices.ecourts.gov.in/hcservices/

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The Inspector of Police, Thandarampattu Police Station, Thiruvannamalai District.

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THe Judicial Magistrate-I, Thiruvannamalai

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The Public Prosecutor, High Court, Madras.

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+1cc to Mr.R.Balakrishnan, Advocate, S.R.No.49037

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Crl.O.P.No.23196 of 2018 and Crl.M.P.Nos.12949 & 12952 of 2018

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GPL(CO) SU(12/10/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Rathinam v. State Represented by

Case brief

What is this about?

What did the court decide?

Rathinam v. State Represented by

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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