E.Senthilkumar vs The Inspector Of Police
2021 Latest Caselaw 17991 Mad

                                                                            Crl.O.P.No.12617 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 02.09.2021

                                                          CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                               Crl.O.P.No.12617 of 2018
                                                          and
                                          Crl.M.P.Nos.6781 and 6782 of 2018

                     E.Senthilkumar                                       ... Petitioner/A1

                                                           Vs.

                     1. The Inspector of Police
                        All Women Police Station
                        Ambathur.

                     2. Ramya                                           ... Respondents

                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records
                     relating to the charge sheet in C.C.No.234 of 2013 on the file of the Judicial
                     Magistrate, Ambattur, Chennai and quash the same in so far as relates to the
                     petitioners concerned.

                                         For Petitioner      : Mr.S.Arivazhagan
                                         For 1st Respondent : Mr.C.E.Pratap
                                                              Government Advocate (Crl.Side)




                     1/4

https://www.mhc.tn.gov.in/judis/
                                                                                Crl.O.P.No.12617 of 2018

                                                         ORDER

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

relating to the charge sheet in CC No.234 of 2013 on the file of the Judicial

Magistrate, Ambattur, Chennai and quash the same.

2. The learned counsel appearing for the petitioner fairly concede that

the co-accused has already filed a quash petition before this Court in

Crl.O.P.No.12617 of 2018 and the same was dismissed on 22.07.2021.

However, a liberty may be granted to the petitioner to canvass all the points

before the Trial Court. He would further submit that the appearance of the

petitioner before the Trial Court may be dispensed with.

3. In view of the limited prayer sought for by the petitioner, this Court

grants liberty 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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.12617 of 2018

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

to dispose of CC No.234 of 2013 as expeditiously as possible as per

seniority of the case. The petitioner and the 2nd respondent is 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, his 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 direct their appearance on those days. Consequently,

connected miscellaneous petitions are closed.

02.09.2021 sk

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.12617 of 2018

M.DHANDAPANI,J.

Sk

To

1. The Inspector of Police All Women Police Station Ambathur.

2. The Judicial Magistrate, Ambattur, Chennai.

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

Crl.O.P.No.12617 of 2018 and Crl.M.P.Nos.6781 and 6782 of 2018

02.09.2021

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