Dismissed

R.Suresh v. Ganesan Chinnamani

Madras HC18 Aug 2023CRL OP/18515/2023

Case brief

AI extract

What is this about?

The High Court held that factual grounds raised in a petition to quash criminal proceedings under Section 482 CrPC require evidence appreciation below. The petition was dismissed with a direction to conclude trial within three months on a day-to-day basis.

What did the court decide?

Petition disposed with direction to complete proceedings in CC No.23 of 2021 within three months on a day-to-day basis.

R.Suresh Vs Ganesan Chinnamani — Criminal Trial and Appeal | Madras HC (2023)

¶1

Crl.O.P.No.18515 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 18.08.2023

¶4

CORAM

¶5

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

¶6

Crl.O.P No.18515 of 2023 and

¶7

Crl.M.P.Nos.12322 & 12323 of 2023

R.Suresh

...Petitioner

vs.

Ganesan Chinnamani

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in CC.No.23 of 2021 on the file of the learned Judicial Magistrate, Panrutti and quash the same.

¶15

For Petitioner : Mr.C.Deepakkumar

¶16

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

¶17

Page No.1/4

¶18

Crl.O.P.No.18515 of 2023

¶19

ORDER

¶20

This Criminal Original Petition has been filed to call for the records

¶21

pertaining to the case in CC.No.23 of 2021 on the file of the learned Judicial Magistrate, Panrutti and quash the same.

¶22

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.

¶23

Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in CC No.23 of 2021 within a period of three 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 the guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State

¶24

of Punjab [2015 (1) MLJ (Crl) 288 SC] . If the petitioner adopts any dilatory

¶25

https://www.mhc.tn.gov.in/judis Page No.2/4

¶26

Crl.O.P.No.18515 of 2023

¶27

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 petitions are also closed.

¶28

18.08.2023

¶29

Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa

¶30

¶31

1.The Judicial Magistrate, Panrutti

¶32

The Public Prosecutor, Madras High Court, Chennai 600 104..

¶33

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

¶34

Page No.3/4

¶35

Crl.O.P.No.18515 of 2023

¶36

N. ANAND VENKATESH, J. nsa

¶37

Crl.O.P No.18515 of 2023 and Crl.M.P.Nos.12322 & 12323 of 2023

¶38

18.08.2023

¶39

https://www.mhc.tn.gov.in/judis Page No.4/4

R.Suresh v. Ganesan Chinnamani

Case brief

What is this about?

What did the court decide?

R.Suresh v. Ganesan Chinnamani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Selvam Vs the State Rep by

Sathishkumar @ Naveen Vs Inspector of Police

Suseela Vs Chandran

Icici Bank Ltd. Vs The Regional Transport officer

K.Thirunavukkarasu Vs Inspector of Police

Mr.K.Nagavel Vs N.Paulraj