Krishnarani vs Selvamani
2021 Latest Caselaw 15135 Mad

                                                                                      Crl.O.P.No.5291 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.5291 of 2018
                                                            and
                                              Crl.M.P.Nos.2614 & 2615 of 2018

                     Krishnarani                                                    .. Petitioner

                                                              Vs.

                     Selvamani                                            .. Respondent
                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to call for the records in C.C.No.3 of 2011 on the
                     file of the Judicial Magistrate - II, Dharmapuri and quash the same.


                                   For Petitioner : Mr.P.Vajravelu


                                                          ORDER

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

in C.C.No.3 of 2011 on the file of the Judicial Magistrate - II, Dharmapuri

and quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.5291 of 2018

2. Though the several grounds have been raised by the learned

counsel for the petitioner, however, this Court is of the opinion the issue is a

triable issue and 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 represented by the learned counsel appearing for the

petitioner 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 petitioner 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.5291 of 2018

court to dispose of C.C. No.3/2011 as expeditiously as possible as per

seniority of the case. The petitioner 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 petitioner is necessary, the trial court,

at its wisdom, shall direct their appearance on those days. Consequently,

connected miscellaneous petitions 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.5291 of 2018

Sk

To

1. The Judicial Magistrate - II, Dharmapuri.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.5291 of 2018 and Crl.M.P.Nos.2614 & 2615 of 2018

28.07.2021

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