Madras High Court
R.Baburajan vs The State Rep. By on 26 October, 2021
Crl.O.P.No.6164 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.6164 of 2018
and
Crl.M.P.No.3080 of 2018
1.R.Baburajan
2. N.Balamurugan .. Petitioners
Vs.
1. The State rep. by
The Inspector of Police,
Cuddalore OT Police Station,
Cuddalore OT.
2. K.Chandira .. Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records in
CC.No.150 of 2016 now pending trial on the file of the learned Judicial
Magistrate-II, Cuddalore and quash the final report dated 23.06.2016.
For Petitioners : Mr.S.Bazeer Ahamed
For Respondents : Mr.C.E.Pratap R1
Public Prosecutor
Mr.D.Muthukumarappa R2
ORDER
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6164 of 2018
The petitioners have filed this petition seeking to call for the entire
records in C.C.No.150 of 2016, on the file of the learned Judicial
Magistrate-II, Cuddalore and quash the same.
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 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.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6164 of 2018
4. Accordingly, this petition is disposed of directing the trial
court to dispose of C.C. No.150 of 2016 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.
26.10.2021
rli
M.DHANDAPANI,J.
rli
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6164 of 2018
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1. The The Inspector of Police,
Cuddalore OT Police Station,
Cuddalore OT.
2. The Judicial Magistrate-II, Cuddalore.
3.The Public Prosecutor,
High Court of Madras, Chennai 600 104.
Crl.O.P.No.6164 of 2018
and
Crl.M.P.No.3080 of 2018
26.10.2021
https://www.mhc.tn.gov.in/judis/
