Madras High Court
G. Sengottaiyan vs State By Inspector Of Police on 7 October, 2021
Crl.O.P.No.3972 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.3972 of 2018
and
Crl.M.P.Nos.1835 and 1836 of 2018
G. Sengottaiyan .. Petitioner/1st Accused
Vs.
1. State by Inspector of Police
Malayampalayam Police Station
Erode District.
Crime No.200 of 2017
2. Palanisamy ... Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records in
C.C.No.81 of 2017 on the file of the learned Judicial Magistrate, Kodumudi,
Erode District and quash the same.
For Petitioner : Mr.C.Munnusamy for Ms.M.Sudha
For Respondents : Mr.C.E.Pratap
Government Advocate(Crl.Side)
ORDER
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.3972 of 2018
The petitioner has filed this petition seeking to call for the records in
C.C.No.81 of 2017 on the file of the learned Judicial Magistrate, Kodumudi,
Erode District and quash the same.
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 is 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
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.3972 of 2018
to dispose of C.C.No.81 of 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 are closed.
07.10.2021
sk
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
M.DHANDAPANI,J.
sk
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.3972 of 2018
To
1. The Inspector of Police
Malayampalayam Police Station
Erode District.
2.The Judicial Magistrate,
Kodumudi, Erode District.
3.The Public Prosecutor,
High Court of Madras, Chennai 600 104.
Crl.O.P.No.3972 of 2018
and
Crl.M.P.Nos.1835 and 1836 of 2018
07.10.2021
https://www.mhc.tn.gov.in/judis/
