K.V.Gnanasekaran vs State Rep. By Inspector Of Police
2021 Latest Caselaw 17874 Mad

                                                                               Crl.O.P.NO.6102 of 2018

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 01.09.2021

                                                         CORAM

                                THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                               Crl.O.P.No.6102 of 2018
                                                         and
                                           Crl.M.P.Nos.3066 & 3067 of 2018


                      1. K.V.Gnanasekaran
                      2. Paneerselvam
                      3. Raja Mahendran
                      4. Sokkalingam
                      5. Sivakumar
                      6. Dhanesekaran
                      7. Thiyagarajan
                      8. Arumugam
                      9. Selvakumar                                    .. Petitioners

                                                              Vs.

                      1. State Rep. by Inspector of Police,
                         Azhagapuram Police Station,
                         Salem.

                      2. C.Rajadurai,
                         Sub Inspector of Police,
                         Azhagapuram Police Station,
                         Salem.                                        .. Respondents




                                                               1


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                                                                                  Crl.O.P.NO.6102 of 2018

                      PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                      Criminal Procedure, to call for the records pertaining to the C.C.No.39 of
                      2012 on the file of Judicial Magistrate No.V, Salem and quash the same as
                      against the petitioners/ Accused 4 to 12.


                                For Petitioners       : Mr.J.Franklin


                                For Respondent No.1 : Mr.C.E.Pratap
                                                     Government Advocate (Crl.side)


                                                       ORDER

The petitioners have filed this petition seeking to call for the

records in C.C.No.39 of 2012 on the file of the Judicial Magistrate No.V,

Salem 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

http://www.judis.nic.in Crl.O.P.NO.6102 of 2018

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 directing the trial court

to dispose of C.C.No.39 of 2012 as expeditiously as possible as per seniority

of the case. The petitioners and the private 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

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

http://www.judis.nic.in Crl.O.P.NO.6102 of 2018

M.DHANDAPANI,J.

Sk

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.

01.09.2021

Speaking/Non Speaking order Index : Yes/No Internet: Yes/No sk

To

1.The Inspector of Police, Azhagapuram Police Station, Salem.

2.The Judicial Magistrate No.V, Salem.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6102 of 2018 and Crl.M.P.Nos.3066 & 3067 of 2018

http://www.judis.nic.in