Suresh @ Suresh Kumar vs The Inspector Of Police
2021 Latest Caselaw 19582 Mad

                                                                             Crl.O.P.No.22023 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.22023 of 2018
                                                           and
                                            Crl.M.P.Nos.12111 & 12112 of 2018

                     Suresh @ Suresh Kumar                                             .. Petitioner
                                                             Vs.
                     The Inspector of Police,
                     PEW Kangeyam Police Station,
                     Thirupur District.                                             .. Respondent

                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records
                     and quash the charge sheet filed in SC.No.99/2018 pending on the file of
                     the learned III Additional District Judge, Dharapuram, Thiruppur District
                     insofar as the petitioner is concerned.
                                           For Petitioner    : Mr.K.V.Law Firm
                                           For Respondent : Mr.C.E.Pratap
                                                            Government Advocate (Crl. side)

                                                        ORDER

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

records in SC.No.99/2018 pending on the file of the learned III Additional

District Judge, Dharapuram, Thiruppur and quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22023 of 2018

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.

3.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.

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

court to dispose of STC. No.99 of 2018 as expeditiously as possible as per

seniority of the case. The petitioner and respondent are directed to co-

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22023 of 2018

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 his 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.

23.09.2021 rli

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

To

1. The III Additional District Judge, Dharapuram, Thiruppur District

2. The Inspector of Police, PEW Kangeyam Police Station, Thirupur District.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22023 of 2018

M.DHANDAPANI,J.

rli

Crl.O.P.No.22023 of 2018 and Crl.M.P.Nos.12111 & 12112 of 2018

23.09.2021

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