Chitra vs Abhaya Jayaraman
2021 Latest Caselaw 15137 Mad

                                                                             Crl.O.P.No.23489 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.11848 of 2018
                                                           and
                                             Crl.M.P.Nos.6255 & 6256 of 2018

                      Chitra                                                           .. Petitioner
                                                              Vs.
                      Abhaya Jayaraman                                              .. Respondent

                      Prayer: Petition filed under Section 482 of Cr.P.C., to call for the entire
                      records in CC. No.240 of 2017 on the file of the learned Judicial Magistrate,
                      Fast Track Judge, Alandur, Chennai and quash the same.

                                           For Petitioners    : Mr.S.Joel
                                           For Respondent : Mr.C.E.Pratap
                                                            Public Prosecutor

                                                        ORDER

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

records in C.C.No.240 of 2017, on the file of the learned Chief Judicial

Magistrate, Fast Track Court Judge, Alandur, Chennai and quash the same.

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

the petitioner, however, this Court is of the opinion the issue is a triable

http://www.judis.nic.in Crl.O.P.No.23489 of 2018

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 court

to dispose of C.C. No.240 of 2017 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

http://www.judis.nic.in Crl.O.P.No.23489 of 2018

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.

28.10.2021 rli

Speaking Order/ Non Speaking Order

Index: Yes/ No

Internet: Yes/ No

http://www.judis.nic.in Crl.O.P.No.23489 of 2018

M.DHANDAPANI,J.

rli

To

1. Judicial Magistrate, Fast Track Judge, Alandur, Chennai

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

Crl.O.P.No.11848 of 2018 and Crl.M.P.Nos.6255 & 6256 of 2018

28.10.2021

http://www.judis.nic.in