Subha @ Subhashine vs Sree Venkateswara Fabrics
2021 Latest Caselaw 13851 Mad

                                                                                     Crl.O.P.No.8466 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.8466 of 2018
                                            and Crl.M.P.Nos.4389 & 4390 of 2018

                     Subha @ Subhashine                                                    ... Petitioner

                                                              Vs.

                     Sree Venkateswara Fabrics
                     rep.by it Proprietor,
                     P.Seethappan                                                       ... Respondent

                     Prayer:Petition filed under Section 482 of Cr.P.C., to call for the records in
                     S.T.C.No.676 of 2017 on the file of the Judicial magistrate (Fast Track)
                     Court No.II, Erode and quash the same as far as the petitioner is concerned.

                                      For Petitioner       : Mr.I.C.V.Vasudevan


                                                          ORDER

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

S.T.C.No.676 of 2017 on the file of the Judicial magistrate (Fast Track)

Court No.II, Erode and quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8466 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 Judicial

magistrate (Fast Track) Court No.II, Erode, to expedite the trial in

C.C.No.676/2017 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8466 of 2018

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, this criminal original petition is disposed

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

12.07.2021 sk

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

To The Judicial magistrate (Fast Track) Court No.II, Erode

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8466 of 2018

M.DHANDAPANI,J.

sk

Crl.O.P.No.8466 of 2018

12.07.2021

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