R.Kannapan vs M.Madan
2021 Latest Caselaw 18482 Mad

                                                                                  Crl.O.P.No.9284 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 08.09.2021

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 Crl.O.P.No.9284 of 2018
                                          and Crl.M.P.Nos.4783 nd 4784 of 2018

                     R.Kannapan                                           ...Petitioner/Accused
                                                             Vs.

                     M.Madan                                        ...Respondent/Complainant

                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the entire
                     records connected with the complaint in S.T.C.No.389 of 2017 on the file of
                     the learned Judicial Magistrate No.1, Poonamallee and quash the same.


                                           For petitioner    : M/s.B.Janakiram
                                           For Respondent : M/s.C.A.Anburaja

                                                        ORDER

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

records in S.T.C.No.389 of 2017, on the file of the learned Judicial

Magistrate, Alandur and quash the same.

2. Though several grounds have been raised by the learned counsel

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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 S.T.C.No.389 of 2017 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9284 of 2018

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.

08.09.2021 sk

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

To

1.The Judicial Magistrate NO.I, Poonamallee.

2.The Public Prosecutor, Madras High Court.

M.DHANDAPANI,J.

sk

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9284 of 2018

Crl.O.P.No.9284 of 2018

08.09.2021

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