R.Balasubramanian vs S.N.Palanisamy
2021 Latest Caselaw 12923 Mad

                                                                                    Crl.O.P.No.3699 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.3699 of 2018
                                                and Crl.M.P.No.1672 of 2018

                     1.R.Balasubramanian
                     2.N.Subramaniam
                     3.P.Vijayakumar                                                  ... Petitioners

                                                              Vs.

                     S.N.Palanisamy                                                  ... Respondent

                     Prayer:          Petition filed under Section 482 of Cr.P.C., to call for the
                     records relating to C.C.No.208/2011 on the file of the Judicial Magistrate II,
                     Udumalpet, Tiruppur District and quash the same.
                                      For Petitioners     : Mr.P.Manojkumar
                                      For Respondent     : Mr.D.R.Arunkumar

                                                         ORDER

The petitioners have filed this petition seeking to call for the records

and to quash the proceedings in C.C.No.208/2011, on the file of the Judicial

Magistrate II, Udumalpet, Tiruppur District.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3699 of 2018

2. 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 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

petitioners 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 petitioners before the Trial Court may be dispensed with.

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

Magistrate II, Udumalpet, Tiruppur District, to expedite the trial in

C.C.No.208 of 2011 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3699 of 2018

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 petitioners 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, this criminal original petition is 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.3699 of 2018

M.DHANDAPANI,J.

sk

Crl.O.P.No.3699 of 2018

01.07.2021

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