R.Karthikeyan vs R.Shobana Rani
2021 Latest Caselaw 14091 Mad

                                                                                Crl.O.P.No.4364 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.4364 of 2018
                                                         and
                                           Crl.M.P.Nos.2041 & 2042 of 2018


                     R.Karthikeyan
                     S/o.G.Radhakrishnan                                           ...Petitioner

                                                            Vs.

                     R.Shobana Rani                                              ...Respondent


                     Prayer:The Criminal Original Petition filed under Section 482 of Cr.P.C., to
                     call for the records and quash the proceeding laid down in S.T.C.No.120 of
                     2017 on the file of the Judicial Magistrate -I, Tiruvannamalai and allow the
                     Criminal Original Petition as prayer for.


                                          For Petitioner     : Mr.J.Pradeep

                                          For Respondent     : Mr.M.Mariappan




                     1/4

https://www.mhc.tn.gov.in/judis/
                                                                                   Crl.O.P.No.4364 of 2018



                                                          ORDER

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

records and quash the proceeding laid down in S.T.C.No.120 of 2017 on the

file of the Judicial Magistrate -I, Tiruvannamalai and allow the Criminal

Original Petition as prayer for.

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

appearing for the sole respondent.

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.120 of 2017 pending

on the file of the learned Judicial Magistrate No.I, Tiruvannamalai.

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.4364 of 2018

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

Magistrate No.I, Tiruvannamalai, to expedite the trial in S.T.C.No.120 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.4364 of 2018

M.DHANDAPANI,J.

ebsi/msrm

To

1. The learned Judicial Magistrate No.I, Tiruvannamalai.

Crl.O.P.No.4364 of 2018 and Crl.M.P.Nos.2041 & 2042 of 2018

14.07.2021

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