Madras High Court
C.H.Rama Rao vs The State Rep. By on 6 October, 2021
Crl.O.P.No.7147 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.7147 of 2018
and
Crl.M.P.Nos.3700 & 3701 of 2018
C.H.Rama Rao .. Petitioner/A9
Vs.
1. The State rep. by
Inspector of Police,
Central Crime Branch,
Chennai.
2. Tmt.Nagalakshmi alias Kumari
...Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records
pertaining to C.C.No.1215 of 2017 pending on the file of Learned Judicial
Magistrate, Alandur and quash the same in respect of the petitioner/A9
alone.
For Petitioner : M/S.C.V.Kumar
For Respondent R1 : Mr.C.E.Pratap
Government Advocate (Crl.Side)
For Respondent R2 : Mr.N.Jayachander
1/5
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.7147 of 2018
ORDER
The petitioner has filed this petition seeking to call for the records
pertaining to C.C.No.1215 of 2017 pending on the file of Learned Judicial
Magistrate, Alandur and quash the same in respect of the petitioner/A9
alone.
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
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.7147 of 2018
dispensed with.
4. Accordingly, this petition is disposed of directing the trial court to
dispose of C.C. No.1215/2017 as expeditiously as possible as per seniority
of the case. The petitioner and respondents 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.
06.10.2021
sk
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.7147 of 2018
To
1. The Inspector of Police,
Central Crime Branch,
Chennai.
2. The Judicial Magistrate, Alandur.
3.The Public Prosecutor,
High Court of Madras, Chennai 600 104.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.7147 of 2018
M.DHANDAPANI,J.
sk
Crl.O.P.No.7147 of 2018
06.10.2021
https://www.mhc.tn.gov.in/judis/
