Selvaraj vs S.Selvakumar
2021 Latest Caselaw 20243 Mad

                                                                             Crl.O.P.No.24802 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 01.10.2021

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 Crl.O.P.No.24802 of 2018

                     Selvaraj                                                      .. Petitioner

                                                             Vs.

                     S.Selvakumar                                                     .. Respondent

                     Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to
                     direct the learned Judicial Magistrate, Ootacamund, Nilgiris to expedite the
                     trial in in STC. No.894 of 2013 and complete the same in a stipulated time
                     as may be fixed by this Court.


                                           For Petitioner    : Mr.J.Bharathiraja
                                           For Respondents : Mr.C.E.Pratap
                                                             Public Prosecutor

                                                        ORDER

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

records in STC. No.894 of 2013, on the file of the learned Judicial

Magistrate, Ootacamund, Nilgiris and quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.24802 of 2018

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

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 learned

Judicial Magistrate, Ootacamund, The Nilgiris to dispose of STC.No.894 of

2013 as expeditiously as possible as per seniority of the case. The petitioner

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.24802 of 2018

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.

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

To

1. The Judicial Magistrate, Ootacamund, Nilgiris.

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

M.DHANDAPANI,J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.24802 of 2018

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Crl.O.P.No.24802 of 2018

01.10.2021

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