Nirmala vs K.Jegathish
2021 Latest Caselaw 17877 Mad

                                                                                    Crl.O.P.No.6103 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.6103 of 2018
                                                         and
                                           Crl.M.P.Nos.3068 & 3069 of 2018

                      Nirmala                                              .. Petitioner

                                                           Vs.

                      K.Jegathish                                          .. Respondent

                      PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                      Criminal Procedure, to call for the records in C.C.No.278 of 2015 on the file
                      of the Judicial Magistrate, Kangeyam and quash the same.

                                    For Petitioner : Mr.M.V.Swaroop
                                    For Respondent : Mr.R.Ashwin


                                                       ORDER

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

in C.C.No.278 of 2015 on the file of the Judicial Magistrate, Kangeyam and

quash the same.

http://www.judis.nic.in Crl.O.P.No.6103 of 2018

2. 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.

3. 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 complete the same as early as possible. He would further

submit that the appearance of the petitioner 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.278 of 2015 as expeditiously as possible as per

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

http://www.judis.nic.in Crl.O.P.No.6103 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

petitioner, her appearance before the trial court is dispensed with except for

her 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 direct her 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 Judicial Magistrate, Kangeyam.

2. The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in Crl.O.P.No.6103 of 2018

M.DHANDAPANI,J.

Sk

Crl.O.P.No.6103 of 2018 and Crl.M.P.Nos.3068 & 3069 of 2018

01.09.2021

http://www.judis.nic.in