Madras High Court
Sridevi vs Rajendran on 16 December, 2021
Crl.O.P.No. 23613 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2021
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.23613 of 2021 and
Crl.M.P.No.12990 of 2021
Sridevi ...Petitioner
-Vs-
Rajendran ... Respondent
Prayer: Criminal Original petition filed under Section 482 of Code
of Criminal Procedure, to call for the records and set aside the
docket order dated 23.10.2021 passed in C.C.No.69 of 2019 on the
file of Judicial Magistrate I, Villupuram.
For Petitioner : Mr.V.Illanchezian
ORDER
This petition has been filed to call for the records and set
aside the docket order dated 23.10.2021 passed in C.C.No.69 of
2019 on the file of Judicial Magistrate I, Villupuram.
2. The contention of the learned counsel appearing for the
petitioner is that the trial court, without providing sufficient
opportunity to the petitioner to file latest stay extension order
obtained in Crl.O.P.No.13677 of 2019 and following the Judgment
of the Apex Court in the case of Asian Resurfacing of Road
https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 23613 of 2021
Agencies Private Ltd., and Another Vs. CBI in Crl.A.Nos.1375-
1376 of 2013 dated 15.10.2020 issued bailable warrant to the
petitioner and hence prays to set aside the same. He further
submitted that the interim stay was granted by this Court in
Crl.M.P.No.6734 of 2019 by an order dated 23.05.2019 initially for
a period of four weeks and dispensed with the personal
appearance of the petitioner before the trial court in
Crl.M.P.No.6735 of 2019 and thereafter by an order dated
24.06.2019, the interim stay granted was extended for a further
period of eight weeks, subsequently by order dated 21.08.2019
this Court extended the interim order till the disposal of the
Crl.O.P. and thereafter the matter was not listed.
3. Heard the learned counsel appearing for the petitioner and
perused the records.
4. From the perusal of records, it is seen that this Court
initially granted an order of interim stay and dispensed with
personal appearance of the petitioner on 23.05.2019, which has
been periodically extended till 21.08.2019 and thereafter on
21.08.2019, interim stay was extended till the disposal of the
Crl.O.P. and the said order was not filed before the trial Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 23613 of 2021
Hence, the trial Court, by following the Judgment of Apex Court in
the case of Asian Resurfacing of Road Agencies Private Ltd.,
and Another Vs. CBI in Crl.A.Nos.1375-1376 of 2013 dated
15.10.2020, wherein it was held that whatever stay has been
granted by any court, including the High Court automatically
expires within a period of six months and unless extension is
granted for good reason, the trial Court is on the expiry of first
period of six months, to set a date for the trial and go ahead with
the same issued Bailable Warrant to the petitioner on the ground
that six months had lapsed, which cannot be faulted with.
5. In view of the same, this Criminal Original Petition is
dismissed. No costs. Consequently, connected Miscellaneous
Petition is closed.
16.12.2021
Index : Yes/No
Internet : Yes/No
arr
To
1. The Judicial Magistrate
No.1, Villupuram.
2.The Public Prosecutor,
High Court, Chennai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 23613 of 2021
M.NIRMAL KUMAR., J
arr
Crl.O.P.No.23613 of 2021
16.12.2021
https://www.mhc.tn.gov.in/judis
