P.Sugumar vs A.Ramesh
2021 Latest Caselaw 21438 Mad

                                                                           Crl.O.P.No.9938 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.9938 of 2018
                                                          and
                                            Crl.M.P.No.5090 & 5091 of 2018

                     1.P.Sugumar
                     2. M/s.Jaiswal Products,
                     Rep. by its Authorised Signatory,
                     Inbarasu,
                     S/o.Elayaperumal,
                     Manufacturer of Hans Chhap Tobacco,
                     G-82, Preet Vihar,
                     Delhi-110 092.                                            .. Petitioners
                                                       Vs.
                     A.Ramesh
                     Food Safety Officer,
                     Municipality Office,
                     Kallakurichi Town,
                     Villupuram District.
                                                                                     .. Respondent

                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records
                     of the STC.No.64 of 2018 in the Court Judicial Magistrate-I, Kallakurichi,
                     Villupuram District and quash the same.
                                          For Petitioners   : Mr.M.Venugopal
                                          For Respondent : Mr.C.E.Pratap
                                                           Public Prosecutor



                     1

https://www.mhc.tn.gov.in/judis/
                                                                                Crl.O.P.No.9938 of 2018

                                                        ORDER

The petitioners have filed this petition seeking to call for the entire

records in STC. No.64 of 2017, on the file of the learned Judicial

Magistrate-II, Kallakurichi 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9938 of 2018

with.

4. Accordingly, this petition is disposed of directing the trial

court to dispose of STC. No.64 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 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9938 of 2018

M.DHANDAPANI,J.

rli

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1. The Food Safety Officer, Municipality Office, Kallakurichi Town, Villupuram District.

2. The Judicial Magistrate-I, Kallakurichi, Villupuram District.

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

Crl.O.P.No.9938 of 2018 and Crl.M.P.No.5090 & 5091 of 2018

26.10.2021

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