The High Court dismissed the Crl.O.P. challenging C.C. No. 230 of 2016, holding grounds are factual and require evidence appreciation by the lower court. The Court directed completion of trial within six months on a day-to-day basis.
Petition dismissed with direction to complete trial within six months on a 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.8704 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.8704 of 2019 and
Crl.M.P.No.4603 of 2019
K.A.Manoharan
...Petitioners
vs.
2.N.Shanmugam, Deputy Registrar (Housing Board), Vellore Division, Vellore.
...Respondents
PRAYER:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to C.C.No.230 of 2016 on the file of the learned Fast Track Court/Magisterial Level, Hosur, Krishnagiri District and quash the same.
For Petitioners : Mr.Mukund R.Pandiyan For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor, for R1 No appearance for R2
Page No.1/4
Crl.O.P.No.8704 of 2019
ORDER This Criminal Original Petition has been filed challenging the proceedings initiated by the respondent against the petitioner in C.C.No.230 of 2016 on the file of the learned Fast Track Court/Magisterial Level, Hosur, Krishnagiri District.
https://www.mhc.tn.gov.in/judis Page No.2/4
Crl.O.P.No.8704 of 2019
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.
10.08.2023
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa
To
Page No.3/4
Crl.O.P.No.8704 of 2019
N. ANAND VENKATESH, J.
nsa
Crl.O.P.No.8704 of 2019 and Crl.M.P.No.4603 of 2019
10.08.2023
https://www.mhc.tn.gov.in/judis Page No.4/4
1 issue framed by the court
Whether the High Court can interfere with the proceedings under Section 482 of CrPC as they are factual in nature requiring evidence appreciation by the lower court.
Colour shows how this judgement treated each authority
Vinod Kumar Vs State of PunjabApplied¶22
_Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]_
STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGHDistinguished¶22
_STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191)_ · Who else cites this
1 provisions across 1 enactments
K.A.Manoharan
The State
N.Shanmugam
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
