The High Court of Madras refused to quash criminal proceedings. It held that factual grounds require evidence appreciation and directed the trial court to complete the trial within three months, ensuring a day-to-day basis and no dilatory tactics.
Directions to complete trial within three months; trial on day-to-day basis.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.18434 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.18434 of 2023 and Crl.M.P.No.12264 of 2023
K.Thirunavukkarasu S/o.Kathirvel
... Petitioner
Vs.
... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in C.C.No.436 of 2018 on the file of Judicial Magistrate, Gingee, Villupuram District and quash the same.
For Petitioner : Mr.K.Murugesan
For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1]
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O R D E R
This petition has been filed seeking to quash the proceedings in
C.C.No.436 of 2018 pending on the file of Judicial Magistrate, Gingee,
Villupuram District.
3. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.436 of 2018 within a period of three (3) months from the date of
receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.
The trial shall be conducted on a day-to-d ay basis in accordance
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with 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 v. Shambhu Nath Singh (JT 2001 (4) SC 3191) .
18.08.2023
Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm
To
N.ANAND VENKATESH, J
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Crl.O.P.No.18434 of 2023
gm
Crl.O.P.No.18434 of 2023
18.08.2023
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1 issue framed by the court
Whether to exercise the inherent power under Section 482 Cr.P.C. to quash the criminal proceedings.
Colour shows how this judgement treated each authority
Vinod Kumar Vs State of PunjabReferred¶32
_Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]
State of Uttar Pradesh v. Shambhu Nath SinghReferred¶32
_State of Uttar Pradesh v. Shambhu Nath Singh (JT 2001 (4) SC 3191)_ · Who else cites this
1 provisions across 1 enactments
K. Thirunavukkarasu
The State represented by The Inspector of Police, Gingee Police Station
Sanmugam
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
