Kumaragurubaran vs The Inspector Of Police
2021 Latest Caselaw 15134 Mad

                                                                                   Crl.O.P.No.8790 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 28.07.2021

                                                         CORAM

                                   THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                                 Crl.O.P.No.8790 of 2018
                                                           and
                                             Crl.M.P.Nos.4535 & 4536 of 2018

                     1. Kumaragurubaran
                     2. Jegadeswari
                     3. Rajarathivelu                             .. Petitioners
                                                           Vs.

                     1. The Inspector of Police,
                        All Women Police Station,
                        Perur, Coimbatore.
                        (Crime No.14 of 2017)

                     2. P.Saranya                             .. Respondents
                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to call for the records in S.P.S.C.No.2 of 2018 on
                     the file of the learned Principal Sessions Judge, Coimbatore and quash the
                     same.
                                     For Petitioners   : Mr.M.Saravana kumar
                                     For Respondents : Mr.C.E.Pratap
                                                       Public Prosecutor




                                                            1


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.8790 of 2018

                                                        ORDER

The petitioners have filed this petition seeking to call for the

records in S.P.S.C.No.2 of 2018 on the file of the learned Principal

Sessions Judge, Coimbatore 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.8790 of 2018

court to dispose of S.P.S.C.No.2 of 2018, 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.

28.07.2021

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.8790 of 2018

Sk

To

1 The Inspector of Police, All Women Police Station, Perur, Coimbatore.

2. The Principal Sessions Judge, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8790 of 2018 and Crl.M.P.Nos.4535 & 4536 of 2018

28.07.2021

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