Madras High Court
V.Elangovan vs The State Rep.By on 12 July, 2021
Crl.O.P.No.8052 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.8052 of 2018
and Crl.M.P.Nos.4145 and 4146/2018
1.V.Elangovan
2.Mrs.Sumathi ... Petitioners
Vs.
1.The State rep.by
the Inspector of Police,
P2-Otteri Police Station,
Chennai.
2.The Deputy Commissioner of Police,
Central Crime Branch,
Chennai.
3.The State rep.by
The Inspector of Police,
Central Crime Branch,
conventional Crime, Team-19,
Veppery, Chennai 600 007.
4.Mrs.Anantheeswari ... Respondents
Prayer:Petition filed under Section 482 of Cr.P.C., to call for the records in
C.C.No.3343/2017 pending on the file of the Chief Metropolitan Magistrate
Court, Chennai and quash the same.
1/4
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.8052 of 2018
For Petitioners : Mr.R.Kannan
For RR1 to 3 : Mr.C.E.Pratap
Government Advocate (Crl.Side)
ORDER
The petitioners have filed this petition seeking to call for the records
in C.C.No.3343/2017, pending on the file of the Chief Metropolitan
Magistrate Court, Chennai 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
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Crl.O.P.No.8052 of 2018
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 Chief
Metropolitan Magistrate, Chennai to expedite the trial in
C.C.No.3343/2017, 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.
12.07.2021
sk
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
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Crl.O.P.No.8052 of 2018
M.DHANDAPANI,J.
sk
To
1.The Inspector of Police,
P2-Otteri Police Station,
Chennai.
2.The Deputy Commissioner of Police,
Central Crime Branch,
Chennai.
3.The Inspector of Police,
Central Crime Branch,
conventional Crime, Team-19,
Veppery, Chennai 600 007.
4.The Public Prosecutor,
High Court of Madras, Chennai 600 104.
5.The Chief Metropolitan Magistrate Court,
Chennai
Crl.O.P.No.8052 of 2018
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.8052 of 2018
12.07.2021
https://www.mhc.tn.gov.in/judis/
