Viswanathan vs State
2021 Latest Caselaw 14789 Mad

                                                                                  Crl.O.P.No.7594 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 23.07.2021

                                                         CORAM

                                   THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                                 Crl.O.P.No.7594 of 2018
                                                           and
                                                 Crl.M.P.No.3917 of 2018

                     Viswanathan                                          .. Petitioner

                                                           Vs.

                     State, Rep. by Inspector of Police,
                     Kothagiri Police Station,
                     The Nilgiris District.                               .. Respondent



                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to quash the Final Report in C.C.No.24 of 2017 on
                     the file of the Judicial Magistrate, Kothagiri.




                                   For Petitioner : Mr.K.V.Sajeev Kumar
                                   For Respondent : Mr.C.E.Pratap
                                                   Public Prosecutor




                                                            1


https://www.mhc.tn.gov.in/judis/
                                                                                   Crl.O.P.No.7594 of 2018

                                                        ORDER

The petitioner has filed this petition seeking to quash the Final

Report in C.C.No.24 of 2017 on the file of the Judicial Magistrate,

Kothagiri.

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.7594 of 2018

4.In view of the above, this Court directs the learnedJudicial

Magistrate, Kothagiri., to expedite the trial in C.C.No.24 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 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 petitions are

disposed of. Consequently, connected miscellaneous petition is closed.

23.07.2021

sk

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.7594 of 2018

M.DHANDAPANI,J.

Sk

To

1. The Inspector of Police, Kothagiri Police Station, The Nilgiris District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.7594 of 2018 and Crl.M.P.No.3917 of 2018

23.07.2021

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