Mr.J.Ravichandran vs The State Of Tamil Nadu
2021 Latest Caselaw 14090 Mad

                                                                                Crl.O.P.No.5528 of 2018



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 14.07.2021

                                                         CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 Crl.O.P.No.5528 of 2018
                                                           and
                                             Crl.M.P.Nos.2707 & 2708 of 2018


                     Mr.J.Ravichandran                                             ...Petitioner

                                                            Vs.

                     1. The State of Tamil Nadu,
                        Rep. by the Inspector of Police,
                        Pudumand Police Station,
                        The Nilgiris District.

                     2. Mr.P.Suresh Babu                                           ...Respondents

                     Prayer:The Criminal Original Petition filed under Section 482 of Cr.P.C., to
                     call for the records pertaining to the in S.T.C.No.210 of 2017 before the
                     Hon'ble Judicial Magistrate Court at Udhagamandalam and quash the same.


                                      For Petitioner    : Mr.S.Sathyaraj
                                      For Respondents   : Mr.A.Gopinath – For - R1
                                                          Government Advocate (Crl.Side)
                                                        : Not ready in notice – For – R2



                     1/4

https://www.mhc.tn.gov.in/judis/
                                                                                   Crl.O.P.No.5528 of 2018



                                                          ORDER

This Criminal Original Petition has been filed seeking to call for the

records pertaining in S.T.C.No.210 of 2017 on the file of the Judicial

Magistrate Court at Udhagamandalam and quash the same.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.Side) appearing for the first respondent police.

3. It is evident from the materials available on record that the ground

raised by the petitioner before the trial Court is a triable issue which has to

be decided by the Trial Court after full fledged trial. Hence, I am not

inclined to interfere with the proceedings in S.T.C.No.210 of 2017 pending

on the file of the learned Judicial Magistrate Court, Udhagamandalam.

4.It is now represented by the learned counsel appearing for the

petitioner that without going into the merits of the case, it would be suffice,

if this Court issues direction to the Trial Court to expedite the trial and

complete the same as early as possible.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.5528 of 2018

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

Magistrate Court, Udhagamandalam, to expedite the trial in S.T.C.No.210

of 2017 and complete the same, as early as possible 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 on the day of

judgment and as and when the Trial Court feels it necessary.

6.With the above directions, this Criminal Original Petition is

dismissed. Consequently the connected Criminal Miscellaneous Petitions

are closed.

14.07.2021 ebsi/msrm

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.5528 of 2018

M.DHANDAPANI,J.

ebsi/msrm

To

1. The learned Judicial Magistrate Court, Udhagamandalam.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P.No.5528 of 2018

14.07.2021

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