E. Inbarasu vs The Government Of Tamil Nadu
2021 Latest Caselaw 19421 Mad

                                                                                 Crl.O.P.No.9852 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 22.09.2021

                                                          CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                               Crl.O.P.No.9852 of 2018
                                                        and
                                          Crl.M.P.Nos.5071 and 5072 of 2018

                     E. Inbarasu                                    .. Petitioner/Accused No.1
                                                           Vs.
                     The Government of Tamil Nadu
                     Rep by K.Durai
                     Designated Officer
                     Code No.074
                     Madhuranthagam Union
                     Office of the Designated Officer
                     Food Safety Department
                     42-A, Railway Road
                     Near Government Hospital
                     Kanchipuram.                                    ...Respondent/Complainant


                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the private
                     complaint filed in S.T.C.No.184 of 2018 on the file of the Judicial
                     Magistrate Court, Madurandhakam, Kanchipuram District and to quash the
                     same as far as this petitioner is concerned.

                                         For Petitioner    : M/S.K.R.Laxman
                                         For Respondents : Mr.C.E.Pratap

                     1/5

https://www.mhc.tn.gov.in/judis
                                                                                      Crl.O.P.No.9852 of 2018

                                                                   Government Advocate

                                                            ORDER

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

complaint filed in S.T.C.No.184 of 2018 on the file of the Judicial

Magistrate Court, Madurandhakam, Kanchipuram District and to quash the

same as far as this 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 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9852 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.

7. Accordingly, this petition is disposed of directing the trial

court to dispose of S.T.C.No.184 of 2018 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 petitions, if any, are closed.

22.09.2021 skt

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9852 of 2018

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

To

1. The Government of Tamil Nadu Rep by K.Durai Designated Officer Code No.074 Madhuranthagam Union Office of the Designated Officer Food Safety Department 42-A, Railway Road Near Government Hospital Kanchipuram.

2. The Judicial Magistrate Court, Madurandhakam, Kanchipuram District.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9852 of 2018

M.DHANDAPANI,J.

skt

Crl.O.P.No.9852 of 2018 and Crl.M.P.Nos.5071 and 5072 of 2018

22.09.2021

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