Madras High Court
Jayapaul vs The State Rep. By on 4 October, 2021
Crl.O.P.No.20918 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.20918 of 2018
and
Crl.M.P.Nos. 11318 & 11319 of 2018
Jayapaul .. Petitioner
Vs.
1. The State rep. by
The Sub Inspector of Police,
Central Crime Branch
Salem
2. R.T. Rajesh .. Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the entire
records in C.C.No.102 of 2018 on the file of the learned Judicial Magistrate,
No.IV, Salem and quash the same.
For Petitioner : Mr.V. Manohar
For Respondents : Mr.C.E.Pratap R1
Public Prosecutor
Non Appearance for R2
1
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.20918 of 2018
ORDER
The petitioner has filed this petition seeking to call for the entire
records in C.C.No.102 of 2018 on the file of the learned Judicial Magistrate,
No.IV, 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 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
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.20918 of 2018
with.
4. Accordingly, this petition is disposed of directing the trial court to
dispose of C.C. No.102/2018 as expeditiously as possible as per seniority
of the case. The petitioner 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. Consequently,
connected miscellaneous petitions, if any, 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.20918 of 2018
M.DHANDAPANI,J.
rli
To
1. The State rep. by
The Sub Inspector of Police,
Central Crime Branch
Salem.
2. The learned Judicial Magistrate-IV,
Salem.
3. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.20918 of 2018
04.10.2021
https://www.mhc.tn.gov.in/judis/
