Madras High Court
J.Sivakumar vs State Rep. By on 8 September, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
CRL.O.P No.8138 of 2018
and
Crl.M.P Nos.4186 & 4187 of 2018
1. J.Sivakumar
2. S.Preetha ...Petitioners
Vs.
1. State Rep. by
Inspector of Police,
K-8, Arumbakkam Police Station,
Arumbakkam, chennai.
2. J.Raghuveer .. Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records in C.C.No.7003
of 2017 on the file of the learned Metropolitan Magistrate, Egmore,
Allikulam Complex and quash the same.
For Petitioners : Mr.M.F.Shabana
For Respondent : Mr.A.Gopinath
Government Advocate (Crl side)
ORDER
The petitioners have filed this petition seeking to call for the entire
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records in C.C.No.7003 of 2017, on the file of the learned Metropolitan
Magistrate, Egmore, Allikulam, Chennai 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 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.
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4. Accordingly, this petition is disposed of directing the trial court
to dispose of C.C. No.7003 of 2017 as expeditiously as possible as per
seniority of the case. The petitioners 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 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 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 are closed.
08.09.2021
Index: Yes/No
Internet: Yes/No
rli
http://www.judis.nic.in
M.DHANDAPANI.J,
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To
1. The Metropolitan Magistrate, Egmore, Allikulam,
Chennai.
2. The Inspector of Police,
K-8, Arumbakkam Police Station,
Arumbakkam, chennai.
3. The Public Prosecutor,
High Court, Madras
CRL.O.P No.8138 of 2018
and
Crl.M.P Nos.4186 & 4187 of 2018
08.09.2021
http://www.judis.nic.in
