Chandrasekaran vs Kalaivani
2021 Latest Caselaw 20723 Mad

                                                                              Crl.O.P.No.23948 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.23948 of 2018
                                                           and
                                         Crl.M.P.Nos.13540, 13541 & 15499 of 2018

                           1. Chandrasekaran

                           2. Amsaveni                                      .. Petitioners

                                                              Vs.

                             Kalaivani                                      .. Respondent

                     Prayer: Petition filed under Section 482 of Cr.P.C., to call records in DVA
                     No.21 of 2017 on the file of Judicial Magistrate No-I of Coimbatore and
                     quash the same.
                                            For Petitioners   : Mr.R.C.Paul Kanagaraj
                                            For Respondent : Mr. C. Vigneswaran

                                                        ORDER

The petitioners have filed this petition seeking to call for records in

DVA No.21 of 2017 on the file of Judicial Magistrate No-I of Coimbatore

and quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.23948 of 2018

2. Though several grounds have been raised by the learned counsel

for the petitioners, 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 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

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 by directing the Trial

Court to dispose of DVA No.21 of 2017 as expeditiously as possible as per

seniority of the case. The petitioners and respondent are directed to co-

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.23948 of 2018

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

petitioners, 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.

07.10.2021

NHS

To

1. The Judicial Magistrate No-I, Coimbatore.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.23948 of 2018

M.DHANDAPANI,J.

NHS

Crl.O.P.No.23948 of 2018 Crl.M.P.Nos.13540, 13541 & 15499 of 2018

07.10.2021

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