Madras High Court
K.Vijayakumar vs The State Rep By Its on 27 July, 2021
Crl.O.P.No.6323 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Crl.O.P.No.6323 of 2018
and
Crl.M.P.Nos.3196 & 3197 of 2018
K.Vijayakumar .. Petitioner
Vs.
1. The state Rep by its
The Inspector of Police,
G-5, Secretariat Colony Police Station (L&O)
Chennai - 600 010.
(Cr.No.431/2016)
2. S.Mohan .. Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records pertaining to the C.C.No.583
of 2018 in Crime No.431 of 2016 on the file of the Chief Metropolitan
Magistrate, Egmore (Allikulam), Chennai and quash the same.
For Petitioner : Mr.T.Arunkumar
For Respondent No.1 : Mr.C.E.Pratap
Public Prosecutor
ORDER
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6323 of 2018
The petitioner has filed this petition seeking to call for the records
pertaining to the C.C.No.583 of 2018 in Crime No.431 of 2016 on the file
of the Chief Metropolitan Magistrate, Egmore (Allikulam), Chennai 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 represented by the learned counsel appearing for the
petitioners that this Court may issue a 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. Accordingly, this petition is disposed of directing the trial
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6323 of 2018
court to dispose of C.C. No.431/2016 as expeditiously as possible as per
seniority of the case. The petitioners and respondent are directed to co-
operate with the trial court for the early completion of trial. Further, taking
into consideration the request as made by the learned counsel for the
petitioner, his appearance before the trial court is dispensed with except for
their appearance for the purpose of receiving the copy of the proceedings
u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C.
and on the day on which judgment is to be pronounced. However, if for any
particular reason, the presence of the petitioners is necessary, the trial court,
at its wisdom, shall direct their appearance on those days. Consequently,
connected miscellaneous petitions, if any, are closed.
27.07.2021
Speaking/Non Speaking order
Index : Yes/No
Internet: Yes/No
sk
M.DHANDAPANI,J.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6323 of 2018
Sk
To
1. The Inspector of Police,
G-5, Secretariat Colony Police Station (L&O)
Chennai - 600 010.
2. The Chief Metropolitan Magistrate,
Egmore (Allikulam), Chennai
3. The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.6323 of 2018
and
Crl.M.P.Nos.3196 & 3197 of 2018
27.07.2021
https://www.mhc.tn.gov.in/judis/
