Citation : 2021 Latest Caselaw 20345 Mad
Judgement Date : 4 October, 2021
Crl.O.P.No.20630 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.20630 of 2018
and Crl.M.P.Nos. 11089 & 11122 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 4256 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. 4256 of 2017 and quash the same.
https://www.mhc.tn.gov.in/judis Crl.O.P.No.20630 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
https://www.mhc.tn.gov.in/judis Crl.O.P.No.20630 of 2018
dispose of C.C. No.4256/2017 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 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
https://www.mhc.tn.gov.in/judis Crl.O.P.No.20630 of 2018
To
1. The Registrar of Companies Stock Exchange Building Second Floor 683 Trichy Road Coimbatore 641 005
2. The Judicial Magistrate-II, Coimbatore.
3. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis Crl.O.P.No.20630 of 2018
M.DHANDAPANI,J.
rli
Crl.O.P.No.20630 of 2018 and Crl.M.P.Nos. 11089 & 11122 of 2018
04.10.2021
https://www.mhc.tn.gov.in/judis
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