Dismissed

Murugaiyan v. State Rep.by

Madras HC15 Mar 2021CRL OP/5401/2021

Case brief

AI extract

What is this about?

In Criminal Original Petitions filed under Section 482 of CrPC, the Madras High Court held that the factual nature of the case requires appreciation of evidence by the trial court. The High Court declined to interfere and dismissed the petition, directing the trial court to complete proceedings.

What did the court decide?

Criminal Original Petition dismissed; direction to trial court to complete proceedings within three months; connected miscellaneous petitions closed.

Murugaiyan Vs State Rep.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: 19.03.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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CRL.O.P No.5401 of 2021
and
Crl.M.P Nos.3483 & 3484 of 2021
Murugaiyan ...Petitioner
Vs.
1. Inspector of Police,
Annamalai Nagar Police Station,
Cuddalore District.
Crime No.125 of 2014
2. Muthunayagam ..Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records relating to
SC.No.391 of 2017 on the file of the learned Principal Sessions Judge,
Cuddalore District and quash the same.

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For Petitioner : Mr.V.Murugesan For Respondents : Mr.Mohammed Riyaz Additional Public Prosecutor for 1^st respondent

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https://www.mhc.tn.gov.in/judis/

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ORDER

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This petition has been filed challenging the proceedings initiated

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by the second respondent against the petitioner for the offence under Section 147, 148, 212, 150 read with 120 B and 149 of IPC and Section 3(a)4(b)(i) of Explosive Substances Act 1908 and Section 3 read with 25(1)(B)(a) of Indian Arms Act and Section 4 of TNPPDL Act 1992.

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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

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its own merits and in accordance with law. This Court is not inclined to

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interfere with the proceedings pending before the Court below.

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Accordingly, this Criminal Original Petition is dismissed with a

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direction to the Court below to complete the proceedings in SC.No.391

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of 2017 on the file of the learned Principal Sessions Judge, Cuddalore

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District, within a period of three months from the date of receipt of a

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https://www.mhc.tn.gov.in/judis/

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copy of this order. Consequently, the connected miscellaneous petitions are closed.

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19.03.2021
Index: Yes/No
Internet: Yes/No
rli
To
1. The Principal Sessions Judge,
Cuddalore District.
2. The Inspector of Police,
Annamalai Nagar Police Station,
Cuddalore District.
3. The Public Prosecutor,
High Court, Madras

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N.ANAND VENKATESH.J.,

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https://www.mhc.tn.gov.in/judis/

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rli

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CRL.O.P No.5401 of 2021
and
Crl.M.P Nos.3483 & 3484 of 2021
19.03.2021

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https://www.mhc.tn.gov.in/judis/

Murugaiyan v. State Rep.by

Case brief

What is this about?

What did the court decide?

Murugaiyan v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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