Citation : 2021 Latest Caselaw 15363 Mad
Judgement Date : 30 July, 2021
Crl.O.P.No.9141 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Crl.O.P.No.9141 of 2018
and
Crl.M.P.Nos.4709 & 4710 of 2018
1.Ravichandran
2. Vijayalakshmi .. Petitioners
Vs.
1. State by
Inspector of Police,
R-9, Valasarawalkam Police Station,
Chennai - 600 087.
2. S.Kalaivani .. Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records in C.C.No.222 of 2017 on the
file of learned Judicial Magistrate No.1, Poonamallee and quash the same.
For Petitioners : Mr.N.Ponraj
For Respondent No.1 : Mr.A.Gobinath
Government Advocate (Crl.Side)
ORDER
The petitioners have filed this petition seeking to call for the
records in C.C.No.222 of 2017 on the file of learned Judicial Magistrate
No.1, Poonamallee and quash the same.
https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9141 of 2018
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
court to dispose of C.C.No.222 of 2017, as expeditiously as possible as per
seniority of the case. The petitioners and respondents are directed to co-
operate with the trial court for the early completion of trial. Further, taking
https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9141 of 2018
into consideration the request as made by the learned counsel for the
petitioners, 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.
30.07.2021
Speaking/Non Speaking order Index : Yes/No Internet: Yes/No
sk
To
1. The Inspector of Police, R-9, Valasarawalkam Police Station, Chennai - 600 087.
2. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9141 of 2018
M.DHANDAPANI,J.
Sk
Crl.O.P.No.9141 of 2018 and Crl.M.P.Nos.4709 & 4710 of 2018
30.07.2021
https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9141 of 2018
https://www.mhc.tn.gov.in/judis/
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