Singaram vs The State Rep. By
2021 Latest Caselaw 20336 Mad

                                                                          Crl.O.P.No.8465 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 04.10.2021

                                                           CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                               Crl.O.P.No.8465 of 2018
                                                         and
                                           Crl.M.P.Nos. 4387 & 4388 of 2018

                     Singaram                                                       .. Petitioner

                                                            Vs.

                     1. The State rep. by
                        The Station House Officer
                        Harur Police Station
                        Darmapuri District
                        (Crime No. 272 of 2016)

                     2. M. Vijaya                                               .. Respondents

                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the charge
                     sheet laid in C.C.No.30 of 2018 on the file of the learned Judicial
                     Magistrate, Harur Salem and quash the same.


                                          For Petitioner    : Mr.S. Kumara Devan

                                          For Respondents : Mr.C.E.Pratap
                                                            Public Prosecutor




                     1

https://www.mhc.tn.gov.in/judis/
                                                                                Crl.O.P.No.8465 of 2018

                                                         ORDER

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

sheet laid in C.C.No.30 of 2018 on the file of the learned Judicial

Magistrate, Harur Salem 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

issue and 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 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8465 of 2018

with.

3. Accordingly, this petition is disposed of directing the trial court to

dispose of C.C. No.30/2018 as expeditiously as possible as per seniority of

the case. The petitioners 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 his appearance on those days. Consequently, connected

miscellaneous petitions are closed.

04.10.2021 rli

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8465 of 2018

M.DHANDAPANI,J.

rli To

1. The State rep. by The Station House Officer Harur Police Station Darmapuri District

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8465 of 2018 and Crl.M.P.Nos. 4387 & 4388 of 2018

04.10.2021

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