D.Raman vs S.Kalamani
2021 Latest Caselaw 15364 Mad

                                                                                  Crl.O.P.No.7765 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.7765 of 2018
                                                           and
                                             Crl.M.P.Nos.4003 & 4004 of 2018

                     1. D.Raman
                     2. Subbammal
                     3. Hamsaveni (died)
                     4. Latha                                             .. Petitioners
                                                            Vs.
                     S.Kalamani                                           .. Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to call for the records and quash the private
                     complaint under Section 200 Cr.P.C in C.C.No.49 of 2017 on the file of
                     Additional Mahila Court, at Magisterial Level, Coimbatore.
                                           For Petitioners : Mr.S.Chandrasekar

                                           For Respondent : Mr.M.R.Thangavel

                                                        ORDER

The petitioners have filed this petition seeking to call for the

records and quash the private complaint under Section 200 Cr.P.C in

C.C.No.49 of 2017 on the file of Additional Mahila Court, at Magisterial

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.7765 of 2018

Level, Coimbatore.

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.49 of 2017, as expeditiously as possible as per

seniority of the case. The petitioners and respondent are directed to co-

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.7765 of 2018

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

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 Additional Mahila Court, at Magisterial Level, Coimbatore.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.7765 of 2018

M.DHANDAPANI,J.

Sk

Crl.O.P.No.7765 of 2018 and Crl.M.P.Nos.4003 & 4004 of 2018

30.07.2021

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