Madras High Court
Wayne-Burt Petro Chemicals ... vs Sivagnanam G Ilanahai on 23 August, 2021
Crl.O.P.No.21766 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Crl.O.P.No.21766 of 2019
and
Crl.M.P.Nos.11305 of 2019 & 5156 of 2021
1. Wayne-Burt Petro Chemicals Pvt.Ltd
rep.by its V.K.Subramaniam,
Director,
A-10, SIPCOT Industrial Park,
Irrungattukottai, Sriperumbudur Taluk,
Chennai - 602 105
Represented by its Authorised Representative
2. Triplicani Gowrishankar Mahesh
Director,
Wayne-Burt Petro Chemicals Pvt. Ltd.,
A10, SIPCOT Industrial Park,
Irungattukottai Sriperumbudur Taluk
Chennai - 602 105.
3. G.Padmanabhan,
Authorized Signatory,
Wayne-Burt Petro Chemicals Pvt. Ltd.,
A 10 SIPCOT Industrial Park
Irungattukottai, Sriperumbudur Taluk
Chennai - 602 105. .. Petitioners
Vs.
Sivagnanam G Ilanahai .. Respondent
1/1
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.21766 of 2019
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records relating in C.C.No.229 of
2019 on the file of the Metropolitan Magistrate - IV (Fast Track) George
Town, Chennai and quash the same.
For Petitioner No.1 : Mr.N.Manokaran for
Mr.A.V.Arun
For Petitioner Nos.2 & 3 : Mr.P.Krishnan
For Respondent : Mr.S.Sakthivel
ORDER
The petitioners have filed this petition seeking to call for the
entire records in C.C.No.229 of 2019, on the file of the Metropolitan
Magistrate - IV (Fast Track), George Town, Chennai and quash the same.
2. Though several grounds have been raised by the learned
counsel for the petitioners, however, this Court is of the opinion the issue is
a triable issue and the grounds raised by the counsel for the petitioners 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 petitioners to raise all the
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.21766 of 2019
grounds before the Court 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.
3. It is represented by the learned counsel appearing for the
petitioners that this Court may issue a 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.
4. Accordingly, this petition is disposed of directing the trial
court to dispose of C.C.No.229/2019 as expeditiously as possible as per
seniority of the case. The petitioners and respondent are directed to co-
operate with the trial court for the early completion of trial. Further, taking
into consideration the request as made by the learned counsel for the
petitioners, their appearance before the trial court is dispensed with except
for their appearance for the purpose of receiving the copy of the
proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section
313 Cr.P.C.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.21766 of 2019
M.DHANDAPANI,J.
Sk
and on the day on which judgment is to be pronounced. However, if for any
particular reason, the presence of the petitioners is necessary, the trial court,
at its wisdom, shall direct their appearance on those days. Consequently,
connected miscellaneous petitions, if any, are closed.
23.08.2021
Speaking/Non Speaking order
Index : Yes/No
Internet: Yes/No
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To
1. The Metropolitan Magistrate - IV (Fast Track)
George Town, Chennai
2. The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.21766 of 2019
https://www.mhc.tn.gov.in/judis/
