Mrs Lavanya vs Mr.Dinesh Kumar
2021 Latest Caselaw 14461 Mad

                                                                          Crl.O.P.No. 8954 of 2018


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 19.07.2021

                                                      CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                               Crl.O.P.No.8954 of 2018
                                                         and
                                           Crl.M.P.Nos.4625 & 4626 of 2018


                     Mrs Lavanya                                              .. Petitioner

                                                         Vs.

                     Mr.Dinesh Kumar                                          .. Respondent


                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records

                     and to quash the proceedings in C.C.No.1113 of 2017 pending on the file of

                     Fast Track Court I, Metropolitan Magistrate, Egmore, Chennai.



                                          For Petitioner : Mr.N.Ramachandran

                                          For Respondent : Mr.S.Madhusudanan




                     1/4

https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No. 8954 of 2018


                                                             ORDER

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

and to quash the proceedings in C.C.No.1113 of 2017, pending on the file

of Fast Track Court I, Metropolitan Magistrate, Egmore, Chennai.

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. 8954 of 2018

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

No.I, Metropolitan Magistrate, Egmore, Chennai, to expedite the trial in

C.C.No.1113 of 2017 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, these criminal original petition is

disposed of. Consequently, connected miscellaneous petitions are closed.

19.07.2021

sk

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No. 8954 of 2018

M.DHANDAPANI,J.

sk To

1. The Fast Track Court I, Metropolitan Magistrate, Egmore, Chennai.

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

Crl.O.P.No.8954 of 2018

19.07.2021

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