P.R vs State By : The Inspector Of Police
2021 Latest Caselaw 14562 Mad

                                                                                 Crl.O.P.No.25902 of 2018



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 20.07.2021

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 Crl.O.P.No.25902 of 2018
                                               and Crl.M.P.No.14846 of 2018


                     P.R,Pandiyan (aged 48 years)
                     Son of Ramalingam,                                            ...Petitioner

                                                              Vs.

                     1. State by : The Inspector of Police,
                        District Crime Branch,
                        Thruvarur District.
                        (Kottur P.S.Cr.No.215 of 2014)

                     2. Mr,Marimuthu                                                 ...Respondent

                     Prayer:The Criminal Original Petition filed under Section 482 of Cr.P.C., to
                     call for the records charge sheet in PRC.No.4 of 2018 on the file of the
                     Judicial Magistrate Court No.2, Mannargudi, Thiruvarur District and quash
                     the same in respect of the petitioner.
                                      For Petitioner      : Mr.P.Pugalenthi

                                      For Respondent      : Mr.C.E.Pratap
                                                            Government Advocate (Crl.Side)



                     1/4

https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.25902 of 2018




                                                        ORDER

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

records charge sheet in PRC.No.4 of 2018 on the file of the Judicial

Magistrate Court No.2, Mannargudi, Thiruvarur District and quash the

same.

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

Government Advocate (Crl.Side) appearing for the 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 PRC.No.4 of 2018 pending on

the file of the learned Judicial Magistrate Court No.2, Mannargudi,

Thiruvarur District.

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,

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.25902 of 2018

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

complete the same as early as possible.

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

Magistrate Court No.2, Mannargudi, Thiruvarur District., to expedite the

trial in PRC.No.4 of 2018 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, connected miscellaneous petition is closed.

20.07.2021 msrm Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.25902 of 2018

M.DHANDAPANI,J.

msrm

To

1. The learned Judicial Magistrate, Court No.2, Mannargudi, Thiruvarur District.

2. The Inspector of Police, District Crime Branch, Thruvarur District.

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

Crl.O.P.No.25902 of 2018

20.07.2021

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