Subbathal vs D.Deepak Kumar
2021 Latest Caselaw 9741 Mad

                                                                                   Crl.O.P.No.743 of 2018

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 16.04.2021

                                                             CORAM

                                      THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                    Crl.O.P.No.743 of 2018
                                                             And
                                                    Crl.M.P.No.248 of 2018

                     Subbathal                                                ... Petitioner

                                                                Vs.

                     D.Deepak Kumar                                           ... Respondent


                     Prayer:
                                   Petition filed under Section 482 of Cr.P.C., seeking to call for the
                     records of the case in C.C.No.570 of 2017 pending on the file of the
                     learned Judicial Magistrate, Fast Track No.I, Coimbatore and quash the
                     same as against the petitioner in the above case.

                                        For Petitioner     : M/s.J.Kingsly Solomon
                                        For Respondent     : Mr.M.R.Thangavel


                                                            ORDER

This petition has been filed seeking to call for the records

relating to the case in C.C.No.570 of 2017 pending on the file of the

learned Judicial Magistrate, Fast Track No.I, Coimbatore and to quash

the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.743 of 2018

2.The learned counsel appearing for the petitioner would submit

that though several grounds have been raised in this petition, without

going into the merits of the case, it would suffice, if this Court issues

direction to the Trial Court to expedite the trial and complete the same

as early as possible. He would further submit that the petitioner is an

age old lady and hence, the appearance of the petitioner before the

Trial Court may be dispensed with and would further submit that the

petitioner is ready to appear as and when necessary arise.

3.The learned counsel appearing for the respondent concede to

the request made by the learned counsel appearing for the petitioner.

4.In view of the above, this Court directs the learned Judicial

Magistrate, Fast Track No.I, Coimbatore, to expedite the trial in

C.C.No.570 of 2017 and complete the same, within a period of six

months from the date of receipt of a copy of this order. The

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

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.743 of 2018

Section 207 of Cr.P.C., framing of charges, questioning under Section

313 of Cr.P.C. and judgment and as and when the Trial Court feels it

necessary.

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

disposed of. Consequently, the connected miscellaneous petition is

closed.

16.04.2021 pri

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

To

1.The Judicial Magistrate, Fast Track No.I, Coimbatore

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.743 of 2018

M.DHANDAPANI,J.

pri

Crl.O.P.No.743 of 2018 And Crl.M.P.No.248 of 2018

16.04.2021

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