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Manjunath vs Rep. By Authorised Manager Power ...
2021 Latest Caselaw 17994 Mad

Citation : 2021 Latest Caselaw 17994 Mad
Judgement Date : 2 September, 2021

Madras High Court
Manjunath vs Rep. By Authorised Manager Power ... on 2 September, 2021
                                                                             Crl.O.P.No.2122 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.2122 of 2018
                                                        and
                                            Crl.M.P.Nos.798 & 799 of 2018

                     Manjunath                                                  .. Petitioner

                                                          Vs.

                     Satyanarayan Agarwal
                     Managing Partner,
                     United Steel Corporation,
                     No.60, Mugappair Road,
                     Padi, Chennai-50.

                     Rep. by Authorised Manager Power Attorney,
                     Sanjay Modi,
                     Manager,
                     Nited Steel Corporation,
                     No.60, Mugappair Road,
                     Padi, Chennai-50.                                             .. Respondents

                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the recrds and
                     quash the proceedings here in STC. No.154 of 2016 pending on the file of the
                     learned Judicial Magistrate (Fast Track Court) Ambattur till the disposal of
                     the above Crl.OP.



                     1/6

https://www.mhc.tn.gov.in/judis/
                                                                               Crl.O.P.No.2122 of 2018

                                           For Petitioner   : Mr.S.Ravichandran
                                           For Respondent : Mr.R.Muthukumar


                                                       ORDER

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

records in STC. No.154 of 2016, on the file of the learned Judicial Magistrate

(Fast Track Court) Ambattur and quash the same.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.2122 of 2018

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. The learned counsel for the petitioner submitted that the trial Court

has completed the trial and posted the matter for passing judgment.

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

to dispose of STC. No.154 of 2016 as expeditiously as possible as per

seniority of the case. The petitioner 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, 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.2122 of 2018

petitions, if any, are closed.

02.09.2021 rli

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

To

1. The Judicial Magistrate (Fast Track Court) Ambattur,

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.2122 of 2018

M.DHANDAPANI,J.

rli

Crl.O.P.No.2122 of 2018 and Crl.M.P.Nos.798 & 799 of 2018

02.09.2021

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

 
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