Citation : 2021 Latest Caselaw 13974 Mad
Judgement Date : 13 July, 2021
CRL.O.P.No.10130 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.10130 of 2018
and Crl.M.P.Nos.5148 and 5149 of 2018
Mr.Suresh Kumar Ramanujam ...Petitioner
Versus
1.State rep.by
Inspector of Police,
W-28, All Women Police Station, Ambattur,
Chennai.
2.Mrs.Sushmitha Devarajan ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in C.C.NO.42 of 2013 on the file
of the Judicial Magistrate I, Pononamallee and quash the same.
For petitioner : Mr.S.Thiruvengadam
For RR1 : Mr.C.E.Pratap
Government Advocate (Crl.Side)
For RR2 : Mr.M.Venkadeshan
1
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.10130 of 2018
ORDER
The petitioner have filed this petition seeking to call for the
records in C.C.NO.42 of 2013 on the file of the Judicial Magistrate I,
Pononamallee and quash the same.
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
https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.10130 of 2018
Magistrate I, Poonamallee, to expedite the trial in C.C.No.42 of 2013 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.
5.With the above directions, these criminal original petitions are
disposed of. Consequently, connected miscellaneous petitions are closed.
13.07.2021
Index : Yes/No Internet: Yes/No
sk
M.DHANDAPANI,J.
https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.10130 of 2018
Sk
To
1.Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai.
2.The Judicial Magistrate I, Poonamallee.
3.The Public Prosecutor, Madras High Court.
CRL.O.P.No.10130 of 2018
13.07.2021
https://www.mhc.tn.gov.in/judis/
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