Krishnamurthy Subramanian vs The Registrar Of Companies
2021 Latest Caselaw 20344 Mad

                                                                                     Crl.O.P.No.20387 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.20387 of 2018
                                            and Crl.M.P.Nos. 10939 & 10940 of 2018

                     Krishnamurthy Subramanian
                      Srinivasan                                                            .. Petitioners

                                                                Vs.

                     The Registrar of Companies
                     Stock Exchange Building
                     Second Floor
                     683 Trichy Road
                     Coimbatore 641 005                                                    ..Respondent

                     Prayer:    Petition filed under Section 482 of Cr.P.C., to call for the
                     records comprised in the proceedings of judicial magistrate court III at
                     Coimbatore in STC No 4273 of 2017 and quash the same.

                                        For Petitioners     : Mr.T.T.Ravichandran
                                        For Respondent      : Mr.Simon

                                                            ORDER

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

comprised in the proceedings of Judicial Magistrate Court III at Coimbatore

in S.T.C No. 4273 of 2017 and quash the same.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20387 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 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.4273/2017 as expeditiously as possible as per

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20387 of 2018

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

petitioners 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 To

The Registrar of Companies Stock Exchange Building Second Floor 683 Trichy Road Coimbatore 641 005

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20387 of 2018

M.DHANDAPANI,J.

rli

Crl.O.P.No.20387 of 2018 and Crl.M.P.Nos. 10939 & 10940 of 2018

04.10.2021

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