L.Shanmugam vs State Rep. By
2021 Latest Caselaw 12186 Mad

                                                                                 Crl.O.P.No.3419 of 2018

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 22.06.2021

                                                             CORAM

                                      THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                   Crl.O.P.No.3419 of 2018
                                                             And
                                             Crl.M.P.Nos.1504 and 1505 of 2018

                     1.L.Shanmugam
                     2.N.S.Krishna Kumar                                      ... Petitioners

                                                                Vs.

                     1.State Rep. by
                       Inspector of Police
                       District Crime Branch,
                       Erode.

                     2.V.Kalyanakumar                                         ... Respondents


                     Prayer:
                                   Petition filed under Section 482 of Cr.P.C., seeking to call for the
                     records pertaining to C.C.No.139 of 2014 on the file of the learned
                     Chief Judicial Magistrate, Erode and quash the same by allowing this
                     criminal original petition.

                                        For Petitioner     : M/s.M.Guruprasad
                                        For Respondent     : Mr.A.Gopinath for R1
                                                             Government Advocate (Crl.Side)


                                                            ORDER

This petition has been filed seeking to call for the records

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3419 of 2018

relating to the case in C.C.No.139 of 2014 on the file of the learned

Chief Judicial Magistrate, Erode and to quash the same.

2.The learned counsel appearing for the petitioner would submit

that though several grounds have been raised in this petition, without

going into the merits of the case, it would suffice, if this Court issues

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 and would

further submit that the petitioner is ready to appear as and when

necessary arise.

3.The learned Government Advocate (Crl. Side) concede to the

request made by the learned counsel appearing for the petitioner.

4.In view of the above, this Court directs the learned Chief

Judicial Magistrate, Erode, to expedite the trial in C.C.No.139 of 2014

and complete the same, within a period of six months from the date of

receipt of a copy of this order. The appearance of the petitioner before

the Trial Court is dispensed with. However, this order will not stand on

the way of the Trial Court to insist for the appearance of the petitioner

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3419 of 2018

for receiving copies under Section 207 of Cr.P.C., framing of charges,

questioning under Section 313 of Cr.P.C. and judgment and as and

when the Trial Court feels it necessary.

5.With the above directions, this criminal original petition is

disposed of. Consequently, the connected miscellaneous petitions are

closed.

22.06.2021 pri

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1.The Chief Judicial Magistrate, Erode.

2.The Inspector of Police District Crime Branch, Erode.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3419 of 2018

M.DHANDAPANI,J.

pri

Crl.O.P.No.3419 of 2018 And Crl.M.P.Nos.1504 and 1505 of 2018

22.06.2021

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