Madras High Court
V.S.Ramakrishnan vs G.Vijibabu on 7 September, 2021
Crl.O.P.No.7041 of 2018
in
C.C.No.1073of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.7041 of 2018
and Crl.M.P.Nos.3647 & 3648 of 2018
V.S.Ramakrishnan ...Petitioner/Accused
Vs.
G.Vijibabu ...Respondent/Complainant
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records
and quash the criminal proceedings in C.C.No.1073 of 2017, for alleged
offences U/s. 294 (b), 341, 506 (i) IPC on the file of the learned Judicial
Magistrate, Alandur.
For petitioner : M/s.S.Swaminathan
For Respondent : M/s.Mohmed Rafi
ORDER
The petitioner has filed this petition seeking to call for the entire
records in C.C.No.1073 of 2017, on the file of the learned Judicial
Magistrate, Alandur and quash the same.
http://www.judis.nic.in
Crl.O.P.No.7041 of 2018
in
C.C.No.1073of 2017
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.
6.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.
7. Accordingly, this petition is disposed of directing the trial court
to dispose of C.C.No.1073 of 2017 as expeditiously as possible as per
http://www.judis.nic.in
Crl.O.P.No.7041 of 2018
in
C.C.No.1073of 2017
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 petitions, if any, are closed.
07.09.2021
sk
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
http://www.judis.nic.in
Crl.O.P.No.7041 of 2018
in
C.C.No.1073of 2017
M.DHANDAPANI,J.
sk
To
1.The Judicial Magistrate,
Alandur.
2.The Public Prosecutor,
Madras High Court.
Crl.O.P.No.7041 of 2018
07.09.2021
http://www.judis.nic.in
