M/S.Kannan Textiles vs M/S.Harshini Textiles Limited
2021 Latest Caselaw 13737 Mad

                                                                                   Crl.O.P.No.5477 of 2018


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 09.07.2021

                                                             CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 Crl.O.P.No.5477 of 2018
                                            and Crl.M.P.Nos.2682 and 2683/2018

                     1.M/s.Kannan Textiles
                       rep.by its Proprietor
                      Mr.Selvakumar
                       100, Trichy Road,
                       Police Quarter Opp,
                       Palladam 641 661.

                     2.Mr.Selvakumar                                                  ... Petitioners
                                                               Vs.
                     M/s.Harshini Textiles Limited
                     rep.by its Senior Manager,
                     Power Agent Mr.K.Jayakumar                                       ... Respondent

                     Prayer:Petition filed under Section 482 of Cr.P.C., to call for the records
                     relating in C.C.NO.69 of 2017 on the file of Judicial Magistrate No.II, Fast
                     Track Court at Magistrate Level, Coimbatore and quash the same.


                                      For Petitioners       : Mr.A.T.Tamilarasan

                                      For Respondent        : Mr.C.Arunkumar




                     1/4

https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.5477 of 2018


                                                         ORDER

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

in C.C.NO.69 of 2017 on the file of Judicial Magistrate No.II, Fast Track

Court at Magistrate Level, Coimbatore and quash the same.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.5477 of 2018

Magistrate No.II, Fast Tract Court at Magistrate Level, Coimbatore, to

expedite the trial in C.C.No.69 of 2017 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 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 petition, if any, is closed.

09.07.2021 sk

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

M.DHANDAPANI,J.

sk

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.5477 of 2018

To

1. The Judicial Magistrate No.II, Fast Tract Court at Magistrate Level, Coimbatore

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P.No.5477 of 2018

09.07.2021

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