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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.______________/2024 (@ SPECIAL LEAVE PETITION (CRIMINAL) NOS.15283-15285/2024
JIN YOUNG YUN APPELLANT(S)
VERSUS
THE STATE OF TAMIL NADU RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard learned counsel appearing for the parties.
3. The prayer made by the appellant before the High Court
was for quashing the proceedings of a criminal complaint.
Without considering the merits of the prayer for quashing,
the High Court has dismissed the petitions by simply
observing that all contentions can be raised before the
Trial Court. It was the duty of the High Court to examine
the petitions under Section 482 of the Code of Criminal
Procedure, 1973 on merits. As merits have not been
considered, we set aside the impugned order dated 17th
August, 2023 and restore Criminal O.P. No.18266 of 2023,
Crl.M.P. No.12135 of 2023 and Crl.M.P. No.12136 of 2023 to
the file of High Court of Judicature at Madras.
4. The restored petitions shall be listed before the
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Roster Bench on 17th January, 2025 when parties to that
petitions who are represented today shall remain present
before the High Court. No further notice shall be served
upon them.
5. A copy of this order shall be forwarded by the
Registry to the Registrar (Judicial) of the High Court of
judicature at Ma...