Disposed

Syed Hussain v. State Rep by

Madras HC14 Aug 2023CRL OP/16079/2023

Case brief

AI extract

What is this about?

Petitioner sought to quash criminal proceedings as grounds were factual and required evidence appreciation, which High Court declined. Court dispensed with petitioner's personal presence for examination but mandated his appearance for 313 questioning and final judgment. Trial ordered within six months following Supreme Court guidelines.

What did the court decide?

Criminal Original Petition disposed; trial to be completed within six months; petitioner to appear for 313 stage and final judgment.

Syed Hussain Vs State Rep by — Quashing and FIR | Madras HC (2023)

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Crl.O.P.No.16079 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.08.2023

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CORAM :

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THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

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Crl.O.P.No.16079 of 2023

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and Crl.M.P.No.10109 of 2023

Syed Hussain

.. Petitioner

Versus

State rep by Inspector of Police, Food Safety Officer, Code No.528, Tondiarpet Zone, Tamil Nadu Food Safety Wing, Tamil Nadu Designated officer office, No.33, West jones Road, Saidapet, Chennai - 15.

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.. Respondent

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Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in C.C.No.466 of 2023 on the file of learned XV Metropolitan Magistrate, George Town, Chennai, to quash the same.

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For Petitioner : Mr.S.Suresh

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For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

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

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1/4

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Crl.O.P.No.16079 of 2023

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ORDER

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This petition has been filed seeking to quash the C.C.No.466 of 2023

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on the file of learned XV Metropolitan Magistrate, George Town, Chennai.

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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.

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The learned counsel for the petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner is dispensed with and he shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioner shall be present before the Court below at the time of questioning

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

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2/4

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Crl.O.P.No.16079 of 2023

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under Section 251 of Cr.P.C., at the time of questioning under Section 313

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of Cr.P.C., and at the time of passing of the final judgment.

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Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.466 of 2023 within a period of six months from the date of receipt of a copy of this order. The trial shall be conducted on a day to d ay basis in accordance with

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the guidelines given by Hon'ble Supreme Court reported in 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.

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14.08.2023 (2/4)

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Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs

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

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3/4

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Crl.O.P.No.16079 of 2023

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N.ANAND VENKATESH, J.

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grs

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The XV Metropolitan Magistrate, George Town, Chennai.

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The Inspector of Police, Food Safety Officer, Code No.528, Tondiarpet Zone, Tamil Nadu Food Safety Wing, Tamil Nadu Designated officer office, No.33, West jones Road, Saidapet, Chennai - 15.

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The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.16079 of 2023 and Crl.M.P.No.10109 of 2023

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14.08.2023 (2/4)

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

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Syed Hussain v. State Rep by

Case brief

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Syed Hussain v. State Rep by

Case brief

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