Murugesan vs State Represented By
2021 Latest Caselaw 14328 Mad

                                                                            Crl.O.P.No.4210 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 16.07.2021

                                                           CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                               Crl.O.P.No.4210 of 2018
                                                         and
                                          Crl.M.P.Nos.1943 and 1944 of 2018

                     Murugesan                                                 .. Petitioner
                                                            Vs.

                     1. State represented by
                        Inspector of Police,
                        All Women Police Station,
                        Gobichettipalayam,
                        Erode District.

                     2. Parimala                                               .. Respondents

                     Prayer:Petition filed under Section 482 of Cr.P.C., to call for the records in
                     C.C.NO.1 of 2018 pending on the file of Judicial Magistrate No.II,
                     Gobichettipalayam, Erode District quash the charge sheet.


                                          For Petitioner    : Mr.R.Balakrishnan
                                          For Respondents : Mr.A.Gopinath
                                                            Government Advocate (Crl Side)




                                                             1

https://www.mhc.tn.gov.in/judis/
                                                                                Crl.O.P.No.4210 of 2018




                                                         ORDER

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

C.C.NO.1 of 2018, pending on the file of Judicial Magistrate No.II,

Gobichettipalayam, Erode District 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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4210 of 2018

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

Magistrate No.II, Gobichettipalayam, Erode District, to expedite the trial in

C.C.No.1 of 2018 and complete the same as expeditiously 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

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

5.With the above directions, this criminal original petition is

disposed of. Consequently, connected miscellaneous petitions are closed.

16.07.2021 sk

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4210 of 2018

M.DHANDAPANI,J.

sk To

1. The Inspector of Police, All Women Police Station, Gobichettipalayam, Erode District.

2. The Judicial Magistrate No.II, Gobichettipalayam, Erode District.

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

Crl.O.P.No.4210 of 2018 and Crl.M.P.Nos.1943 and 1944 of 2018

16.07.2021

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