Jayakumar @ Kumar vs G.Ganesh
2021 Latest Caselaw 12920 Mad

                                                                                       Crl.O.P.No.4375 of 2018


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 01.07.2021

                                                              CORAM

                                    THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                    Crl.O.P.No.4375 of 2018
                                               and Crl.M.P.Nos.2048 & 2152 of 2018

                     Jayakumar @ Kumar                                                       ... Petitioner

                                                                 Vs.

                     G.Ganesh                                                           ... Respondent

                     Prayer:
                                   Petition filed under Section 482 of Cr.P.C., to call for the records in

                     C.C.No.801 of 2017 on the file of XIII Metropolitan Magistrate, Fast Track

                     Court-1, Allikulam, Chennai 3 and quash the same.


                                         For Petitioner       : Mr.S.Ganesh
                                         For Respondent      : Mr.A.P.Ramesh

                                                         ORDER

The petitioner has filed this petition seeking to call for the records

and to quash the proceedings in in C.C.No.801 of 2017 on the file of XIII

Metropolitan Magistrate, Fast Track Court-1, Allikulam, Chennai 3.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4375 of 2018

2. The grounds raised by the counsel for the petitioner 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 petitioner to raise all the 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 now represented by the learned counsel appearing for the

petitioner that 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

appearance of the petitioner before the Trial Court may be dispensed with.

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

Metropolitan Magistrate, Fast Track Court-1, Allikulam, Chennai 3, to

expedite the trial in C.C.No.801 of 2017 and complete the same, within a

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4375 of 2018

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 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, these criminal original petitions are

disposed of. Consequently, connected miscellaneous petitions, if any, are

closed.

01.07.2021 sk

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4375 of 2018

M.DHANDAPANI,J.

sk

Crl.O.P.No.4375 of 2018

01.07.2021

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