Anantharaman vs State Rep. By
2021 Latest Caselaw 21092 Mad

Citation : 2021 Latest Caselaw 21092 Mad
Judgement Date : 21 October, 2021

Madras High Court

Anantharaman vs State Rep. By on 21 October, 2021

Crl.O.P.No.27102 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

Crl.O.P.No.27102 of 2018
and
Crl.M.P.No.15655 of 2018

Anantharaman ... Petitioner
Vs.
1. State Rep. By
Sub Inspector of Police
Cyber Crime Cell
Central Crime Branch
Egmore, Chennai – 8.

2. Abdul Kadar Tajudeen ... Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call
for the records relating to the charge sheet in C.C. No. 3317 of 2017 on the file
of the Metropolitan Magistrate, CCB & CBCID Court, Egmore at Allikulam,
Chennai quash the same.
For Petitioner : Mr.S.Doraisamy

For Respondents : Mr.C.E.Pratap (For R1)
Public Prosecutor

ORDER

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

in CC.No.3317 of 2014 on the file of the learned J Metropolitan Magistrate, https://www.mhc.tn.gov.in/judis/ CCB & CBCID Court, Egmore at Allikulam, Chennai and quash the same.

Crl.O.P.No.27102 of 2018

2. The learned Government Advocate (Crl. side) submitted that the

subject property, which was stolen by the accused, has been recovered by the

respondent police and therefore, the defacto complainant has not inclined to

proceed the matter further.

3. Heard the learned counsel for the petitioner as well as the learned

Government Advocate and perused the materials available on record.

4. 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.

5.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 https://www.mhc.tn.gov.in/judis/ complete the same as early as possible. He would further submit that the

Crl.O.P.No.27102 of 2018

appearance of the petitioner before the Trial Court may be dispensed with.

6. Accordingly, this petition is disposed of directing the trial court to

dispose of C.C. No.3517 of 2017 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 petitioner is necessary, the trial court, at its wisdom, shall