Gra Alias G.R.Apparaj vs J.M.H.Imran
2021 Latest Caselaw 9319 Mad

                                                                                    Crl.O.P.No.607 of 2018



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 08.04.2021

                                                          CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                  Crl.O.P.No.607 of 2018


                     GRA alias G.R.Apparaj                                              ...Petitioner

                                                             Vs.

                     J.M.H.Imran                                                      ...Respondent

                     Prayer:The Criminal Original Petition filed under Section 482 of Cr.P.C., to
                     call for the records in C.C.No.9070 of 2017 on the file of the Learned Chief
                     Metropolitan Magistrate, Allikulam (Egmore), Chennai and quash the same.
                                      For Petitioner    : Mr.R.Thirumoorthy
                                      For Respondent    : Mr.T.Shanmugarajeswaran
                                                          Government Advocate (Crl.Side)

                                                         ORDER

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

records in C.C.No.9070 of 2017 on the file of the Learned Chief

Metropolitan Magistrate, Allikulam (Egmore), Chennai and to quash the

same.

2. Heard the learned counsel for the petitioner and the learned

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.607 of 2018

Government Advocate (Crl.Side) appearing for the respondent police.

3. It is evident from the materials available on record that the ground

raised by the petitioner before the trial Court is a triable issue which has to

be decided by the Trial Court after full fledged trial. Hence, I am not

inclined to interfere with the proceedings in C.C.No.9070 of 2017 pending

on the file of the learned Chief Metropolitan Magistrate, Allikulam

(Egmore), Chennai

4.It is now represented by the learned counsel appearing for the

petitioner that without going into the merits of the case, it would be suffice,

if this Court issues direction to the Trial Court to expedite the trial and

complete the same as early as possible.

5.In view of the above, this Court directs the learned Chief

Metropolitan Magistrate, Allikulam (Egmore), Chennai, to expedite the trial

in C.C.No9070 of 2017 and complete the same, as early as possible The

appearance of the petitioner before the Trial Court is dispensed with.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.607 of 2018

However, this order will not stand on the way of the Trial Court to insist for

the appearance of the petitioner for receiving copies under Section 207 of

Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. and

on the day of judgment and as and when the Trial Court feels it necessary.

6.With the above directions, this criminal original petition is

dismissed.

08.04.2021 msrm

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

To

1. The learned Chief Metropolitan Magistrate, Allikulam (Egmore), Chennai.

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

M.DHANDAPANI,J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.607 of 2018

msrm

Crl.O.P.No.607 of 2018

08.04.2021

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