Madras High Court
Suryarajkumar vs M. Palaniappan on 23 September, 2021
Crl.O.P.No.20831 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.20831 of 2018
and
Crl.M.P.Nos.11260 & 11261 of 2018
1. Suryarajkumar
2. Mohan Chelladurai Naadar .. Petitioners
Vs.
M. Palaniappan, .. Respondent
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records
comprised in the proceedings in C.C. No. 5720 of 2017 pending on the file
of the XIII Metropolitan Magistrate Court, Egmore, Chennai-8 only in
respect of Petitioners/Accused 2 &4 and quash the same.
For Petitioners : Mr. M. Kempraj
ORDER
The petitioners have filed this petition seeking to call for the records
comprised in the proceedings in C.C. No. 5720 of 2017, pending on the file
of the XIII Metropolitan Magistrate Court, Egmore, Chennai-8 only in
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.20831 of 2018
respect of Petitioners/Accused 2 & 4 and quash the same.
2. When the matter is taken up for hearing, the learned Counsel for
the petitioners submitted that though the entire amount was settled by the
petitioners, the De-facto Complainant has not withdrawn the complaint and
hence he prays for appropriate orders.
3. Though it is alleged that the amount has been settled by the
petitioners, the complaint has not been withdrawn by the defacto
complainant. However, this Court is of the opinion the issue involved in the
present case is a triable one 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.
4. Now, it is represented by the learned counsel for the petitioner that
this Court may issue a direction to the Trial Court to expedite the trial and
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.20831 of 2018
complete the same as early as possible. He would further submits that the
appearance of the petitioners before the Trial Court may be dispensed with.
5. Accordingly, this petition is disposed of by directing the Trial
Court to dispose of C.C. No.5720/2017 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
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 petitioners is necessary, the trial court,
at its wisdom, shall direct their appearance on those days. Consequently,
connected miscellaneous petitions, if any, are closed.
23.09.2021
NHS
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.20831 of 2018
M.DHANDAPANI,J.
NHS
To
1. The Metropolitan Magistrate Court-XIII,
Egmore,
Chennai-8.
2. The Public Prosecutor,
High Court of Madras, Chennai 600 104.
Crl.O.P.No.20831of 2018 &
Crl.M.P.Nos.11260 & 11261of 2018
23.09.2021
https://www.mhc.tn.gov.in/judis/
