Disposed

Ramachandran v. The Inspector of Police

Madras HC19 Dec 2024CRL OP(MD)/13316/2022

Case brief

AI extract

What is this about?

This order dismissed a quashing petition filed under Section 482 CrPC challenging a criminal trial on factual grounds. The court held that it cannot decide factual disputes at this stage and directed the lower court to complete the trial within six months. Dilatory tactics would invite remand.

What did the court decide?

Criminal Original Petition disposed with a direction to the Court below to complete the trial proceedings within six months.

Ramachandran Vs The Inspector of Police — Criminal Trial and Appeal | Madras HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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CRL OP(MD).No.13316 of 2022 and CRL MP(MD). No.8492 of 2022

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1.Ramachandran

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2.Rajeswari

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3.Amarnath ...Petitioners / Accused 1 to 3

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Vs.

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The State represented by The Inspector of Police, Devadanapatti Police Station, Theni District. (Crime No.72 of 2021) ..1^st respondent / Complainant 2. Ashokkumar ..2^nd respondent / Defacto Complainant

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PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records pertaining in C.C.No.30 of 2022 on the file of the learned Judicial Magistrate, Periyakulam and quash the same.

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

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	2
For Petitioner	: Mr.S.Atham Ali
For R1	: Mr.S.Ravi
	Additional Public Prosecutor
For R2	: Mr.R.Murugappan

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ORDER

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This petition has been filed challenging the proceedings in C.C.No.30 of 2022 on the file of the learned Judicial Magistrate, Periyakulam.

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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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Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.30

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

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of 2022, 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 day basis in accordance 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 petitioners and remand them 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, the connected miscellaneous petitions are also closed.

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19.12.2024

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NCC : Yes / No Index : Yes / No Internet: Yes / No pal

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The Judicial Magistrate, Periyakulam.

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

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N.ANAND VENKATESH.J.,

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pal

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CRL OP(MD).No.13316 of 2022 and CRL MP(MD). No.8492 of 2022

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19.12.2024

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

Ramachandran v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Ramachandran v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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