Madras High Court
N.Padmanaban vs The State Rep. By on 19 July, 2021
Crl.O.P.No.8864 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.8864 of 2018
and
Crl.M.P.Nos.4578 & 4579 of 2018
1. N.Padmanaban
Managing Director,
M/s. RRP Housing Pvt. Ltd.,
2. P.Tamil .. Petitioners
Vs.
1. The State rep. by
The Inspector of Police,
District Crime Branch,
Thiruvallur,
Crime No.4 of 2016
2. Mr.O.P.Jambunathan .. Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the entire
records in C.C.No.147 of 2017 on the file of the learned Judicial Magistrate,
Othukottai and quash the same.
1/4
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.8864 of 2018
For Petitioners : Mr.B.Manimaran
For Respondents : Mr.C.E.Pratap
Public Prosecutor
ORDER
The petitioners have filed this petition seeking to call for the entire
records in C.C.No.147 of 2017 on the file of the learned Judicial Magistrate,
Othukottai and quash the same.
2. The grounds raised by the counsel for the petitioners 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 Petitioners 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
Petitioners 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
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Crl.O.P.No.8864 of 2018
appearance of the Petitioners before the Trial Court may be dispensed with.
4.In view of the above, this Court directs the learned Judicial
Magistrate, Othukottai, to expedite the trial in C.C.No.147 of 2017 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 Petitioners 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 Petitioners 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.
19.07.2021
sk
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
M.DHANDAPANI,J.
sk
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.8864 of 2018
To
1. The Inspector of Police,
District Crime Branch,
Thiruvallur,
2. The Judicial Magistrate, Othukottai.
3.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
Crl.O.P.No.8864 of 2018
19.07.2021
https://www.mhc.tn.gov.in/judis/
