K.Shankugeswara Rao vs State Rep.By
2021 Latest Caselaw 13973 Mad

                                                                                CRL.O.P.No.3973 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.3973 of 2018
                                          and Crl.M.P.Nos.1837 and 1838 of 2018

                     1.K.Shankugeswara Rao
                     2.Mr.Venkata Ravi @ Ravi                                   ...Petitioners

                                                          Versus
                     1.State rep.by
                       Inspector of Police,
                        H-8, Thiruvottriyur Police Station,
                       Chennai 600 019.
                      Crime No.8 of 2017.

                     2.Rajendran                                          ...Respondents
                     (R2 is impleaded vide order dated 11.02.2019 made in
                     Crl.M.P.No.2250/2019.)

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to call for the records in C.C.NO.418 of 2017 now
                     pending trial on the file of the Judicial Magistrate, Tiruvottriyur and quash
                     the final report dated 10.05.2017.
                                      For Petitioners   : Mr.Anand Gopal for M/s.T.S.Gopalan&Co

                                     For RR1            : Mr.C.E.Pratap
                                                          Government Advocate (Crl.Side)


                                                              1


https://www.mhc.tn.gov.in/judis/
                                                                                 CRL.O.P.No.3973 of 2018

                                                        ORDER

The petitioners have filed this petition seeking to call for the

records in C.C.No.418 of 2017, now pending trial on the file of the Judicial

Magistrate, Tiruvottriyur and quash the final report dated 10.05.2017.

2. The learned counsel appearing for the petitioner submitted

that though the matter was compromised between the parties, this Court may

permit the petitioner to let in evidence of P.W.1, as to whether he is

inclined to proceed with the case or not.

3. 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.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.3973 of 2018

4.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 petitioner before the Trial Court may be dispensed with.

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

Magistrate, Tiruvottriyur, to expedite the trial in C.C.No.418 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 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.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.3973 of 2018

M.DHANDAPANI,J.

Sk

6.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. Inspector of Police, H-8, Thiruvottriyur Police Station, Chennai 600 019.

2.The Judicial Magistrate, Thiruvottriyur.

2.The Public Prosecutor, Madras High Court.

CRL.O.P.No.3973 of 2018

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