Mrs.N.Latha vs K.Suresh
2021 Latest Caselaw 13972 Mad

                                                                                      Crl.O.P.No.5410 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 13.07.2021

                                                           CORAM

                                   THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                                   Crl.O.P.No.5410 of 2018
                                                             and
                                                   Crl.M.P.No.2659 of 2018


                     Mrs.N.Latha                                              .. Petitioner

                                                              Vs.

                     K.Suresh                                                 .. Respondent


                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to call for the records respect of the complaint in
                     S.T.C.No.315 of 2017 on the file of the Judicial Magistrate Fast Track level
                     Thiruchengodu and quash the same.


                                            For Petitioner : Ms.P.Deepalakshmi
                                                          ORDER

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

in S.T.C.No.315 of 2017 on the file of the Judicial Magistrate Fast Track

level, Thiruchengodu and quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.5410 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 level, Thiruchengodu, to expedite the trial in

C.C.No.315 of 2017 and complete the same, within a period of six months

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.5410 of 2018

from the date of receipt of a copy of this order. The 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.

13.07.2021

Index : Yes/No Internet: Yes/No

sk

To

1. The Judicial Magistrate, Fast Track level, Thiruchengodu

2.The Public Prosecutor, Madras High Court.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.5410 of 2018

M.DHANDAPANI,J.

Sk

Crl.O.P.No.5410 of 2018 and CRL.M.P.No.2659 of 2018

13.07.2021

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