Madras High Court
T.R.S.Pathisenthil vs Aishwarya Pathi on 6 October, 2021
Crl.O.P.No.27227 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.27227 of 2018
and
Crl.M.P.Nos.15696 of 2018
1.T.R.S.Pathisenthil
2.T.R.Subbaian
3.Tmt.Sulochana .. Petitioners
Vs.
Aishwarya Pathi .. Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the entire
records in C.C.No.211 of 2018 on the file of the learned District Munsif cum
Judicial Magistrate, Mettupalayam and quash the same.
For Petitioners : Mr.M.Guruprasad
For Respondents : Mr.V.Ayyapparaja
for M/s.R.Bharakumar
ORDER
The petitioners have filed this petition seeking to call for the entire
records in C.C.No.211 of 2018 on the file of the learned District Munsif cum
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Crl.O.P.No.27227 of 2018
Judicial Magistrate, Mettupalayam and quash the same. The petitioners
herein are A.1 to A.3 in the said case.
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.
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Crl.O.P.No.27227 of 2018
4. Accordingly, this petition is disposed of directing the trial court
to dispose of C.C. No.211/2018 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,
their 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.
06.10.2021
sk
M.DHANDAPANI,J.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.27227 of 2018
sk
To
1. The Sub Inspector of Police,
J10, Semmancherry Police Station,
Chennai.
2. The Judicial Magistrate, Alandur.
3.The Public Prosecutor,
High Court of Madras, Chennai 600 104.
Crl.O.P.No.27227 of 2018
06.10.2021
https://www.mhc.tn.gov.in/judis
