Madras High Court
S. B. Sree Ram vs Mr. C. K. Richard Antony on 21 September, 2021
Crl.O.P.No.17298 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.17298 of 2018
and
Crl.M.P.Nos.8943 & 8944 of 2018
S. B. Sree Ram .. Petitioner
Vs.
1.Mr. C. K. Richard Antony
2. M/s Gerry Farms and Foods
Rep by its Partner Mr. Gerald V Valan
No.5A, 1st Floor, Kennedy Street,
Thanthai Periyar Sreet,
Tharamani,
Chennai- 600 113.
3. Mr. Gerald V Valan
4. Mr. D. Ezekiel
5. Mr. Leonard V. Valan. .. Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records
ertaining to C.C. No. 90 of 2018 on the file of the Fast Track Magistrate
Court at Alandur and quash the same as far as the petitioner is concerned.
1/6
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Crl.O.P.No.17298 of 2018
For Petitioners : Mr. G. Velu
For Respondents : Mr. Aniruth for Mr. A. R. Palanisamy
ORDER
The petitioners have filed this petition seeking to call for the records
ertaining to C.C. No. 90 of 2018 on the file of the Fast Track Magistrate
Court at Alandur and quash the same as far as the petitioner is concerned.
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 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.
2.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
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Crl.O.P.No.17298 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.
3. Accordingly, this petition is disposed of by directing the Trial
Court to dispose of C.C. No.90/2018 as expeditiously as possible as per
seniority of the case. The petitioner and respondents 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.
21.09.2021
NHS
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Crl.O.P.No.17298 of 2018
To
1. The Fast Track Magistrate Court,
Alandur.
2.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
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Crl.O.P.No.17298 of 2018
M.DHANDAPANI,J.
nhs
Crl.O.P.No.17298 of 2018 &
Crl.M.P.Nos.8943 & 8944 of
21.09.2021
http://www.judis.nic.in
