P. Mala vs Ganesan
2021 Latest Caselaw 20377 Mad

                                                                                   Crl.O.P.No.3879 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.3879 of 2018
                                          and Crl.M.P.Nos. 1796 & 1798 of 2018

                     P. Mala                                                              .. Petitioner

                                                             Vs.

                     Ganesan                                                            ..Respondent

                     Prayer:         Petition filed under Section 482 of Cr.P.C., to call for the
                     records relating to C.C. No. 3684 of 2017 on the file of the FTC-II, Egmore,
                     Chennai and quash the same.


                                     For Petitioner      : Mr.S. Vijay
                                     For Respondent      : Mr.Ravichandran Sundresan


                                                         ORDER

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

relating to C.C. No. 3684 of 2017 on the file of the FTC-II, Egmore,

Chennai and quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3879 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 trial court to

dispose of C.C. No.3684 of 2017 as expeditiously as possible as per

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3879 of 2018

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

To The Judge, Fast Track Court-II, Egmore, Chennai

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3879 of 2018

M.DHANDAPANI,J.

rli

Crl.O.P.No.3879 of 2018 and Crl.M.P.Nos. 1796 & 1798 of 2018

04.10.2021

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