Citation : 2021 Latest Caselaw 16189 Mad
Judgement Date : 9 August, 2021
Crl.O.P.No.888 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.888 of 2018
And
Crl.M.P.No.296 of 2018
1.P.D.Srinivasan
2.P.S.Pushpalatha ... Petitioners
Vs.
1.State by:
The Inspector of Police,
W8, All Women Police Station,
Thirumangalam,
Chennai – 40.
(Crime No.9 / 2011)
2.Dr.Poonkuzhali ... Respondents
Prayer:
Petition filed under Section 482 of Cr.P.C., seeking to call for
records in C.C.No.1094 of 2015 on the file of learned X Metropolitan
Magistrate, Egmore, Chennai and quash the same in so far as the
petitioners are concerned.
For Petitioners : Mr.Sunder Mohan
For Respondents : Mr.C.E.Pratap for R1
Government Advocate (Crl. Side)
Mr.P.Thiagarajan for R2
1/4
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.888 of 2018
ORDER
This petition has been filed seeking to call for the records in
C.C.No.1094 of 2015 on the file of the learned X Metropolitan
Magistrate, Egmore, Chennai and to quash the same in so far as the
petitioners are concerned.
2.The learned counsel appearing for the petitioners would submit
that without going into the merits of the case, it would suffice, if this
Court permits the petitioners to raise all the grounds including the
grounds under Section 188 of Cr.P.C. before the Trial Court and issues
direction to the Trial Court to expedite the trial and complete the same
as early as possible. He would further submit that the appearance of
the petitioners before the Trial Court may be dispensed with and would
further submit that the petitioners are ready to appear as and when
necessary arise.
3.In view of the above, this Court permits the petitioners to raise
all the grounds including the grounds under Section 188 of Cr.P.C.
before the learned X Metropolitan Magistrate, Egmore, Chennai during
trial in C.C.No.1094 of 2015 and directs the learned X Metropolitan
Magistrate, Egmore, Chennai, to expedite the trial in C.C.No.1094 of
https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.888 of 2018
2015 and complete the same as early as possible. The appearance of
the petitioners 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 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.
4.With the above directions, this criminal original petition is
disposed of. Consequently, connected miscellaneous petition is closed.
09.08.2021 pri
Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No
To
1.The X Metropolitan Magistrate, Egmore, Chennai.
2.The Inspector of Police, W8, All Women Police Station, Thirumangalam, Chennai – 40.
(Crime No.9 / 2011)
3.The Public Prosecutor, High Court of Madras, Chennai 600 104.
https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.888 of 2018
M.DHANDAPANI,J.
pri
Crl.O.P.No.888 of 2018 And Crl.M.P.No.296 of 2018
09.08.2021
https://www.mhc.tn.gov.in/judis/
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