Velappan vs Senthilkumar
2021 Latest Caselaw 14599 Mad

                                                                               Crl.O.P.No.8187 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.8187 of 2018
                                                           and
                                             Crl.M.P.Nos.4213 & 4214 of 2018

                     Velappan                                                           .. Petitioner
                                                             Vs.

                     Senthilkumar                                               .. Respondent
                     Prayer:Petition filed under Section 482 of Cr.P.C., to call for the records
                     relating to C.C.No.377 of 2016 on the file of the Judicial Magistrate,
                     Namakkal, pending on the file of Judicial Magistrate No.1, Namakkal and
                     quash the same.


                                           For Petitioner : Mr.S.Kalyanaraman

                                           For Respondent : Mr.S.Senthil

                                                         ORDER

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

relating to C.C.No.377 of 2016 on the file of Judicial Magistrate No.1,

Namakkal and quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8187 of 2018

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

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 No.1, Namakkal, to expedite the trial in C.C.No.377 of 2016 and

complete the same as expeditiously as possible. 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8187 of 2018

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 petition is

disposed of. Consequently, connected miscellaneous petitions are closed.

20.07.2021 sk

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

To

1. The Judicial Magistrate No.1, Namakkal

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8187 of 2018

M.DHANDAPANI,J.

sk

Crl.O.P.No.8187 of 2018

20.07.2021

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