Madras High Court
M/S. Urban Tree Infrastructure ... vs M/S. Penna Cement Industries ... on 24 September, 2021
Crl.O.P.Nos.9558, 9559 & 9560 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.Nos.9558,9559 & 9560 of 2018
and
Crl.M.P.Nos.4909, 4910, 4911, 4912, 4913 & 4914 of 2018
M/s. Urban Tree Infrastructure (P) Limited,
Rep. by its Director Mr. Abhisek Mehta,
having its office at No.86, old No.133,
6th Floor, Good Shepherd Tower,
Kodambakkam, High Road,
Chennai-600 034 .. Petitioners in Crl.O.P.No.9558 of 2018
1. Abhinay Mehta
2. Abhinay Mehta .. Petitioners in Crl.O.P.No.9559 of 2018
1. M/S. Infinite Salts Worldwide,
A partnership firm,
Rep. by its Managing Partner Mr. Abhinay Mehta,
having its office at No.86, old No.133,
6th Floor, Good Shepherd Tower,
Kodambakkam, High Road,
Chennai-600 034
2. M/s. Urban Tree Infrastructure (P) Limited,
Rep. by its Managing Partner Mr. Abhisek Mehta,
having its office at No.86, old No.133,
6th Floor, Good Shepherd Tower,
Kodambakkam, High Road,
Chennai-600 034
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Crl.O.P.Nos.9558, 9559 & 9560 of 2018
3. M/s Osyan Property,
Rep. by its Managing Partner Mr. Abhisek Mehta,
having its office at No.86, old No.133,
6th Floor, Good Shepherd Tower,
Kodambakkam, High Road,
Chennai-600 034 .. Petitioners in Crl.O.P.No.9560 of 2018
Vs.
1. M/s. Penna Cement Industries Limited
Having registered office at
No. 705, Lakshmi Nivas, Road No.3,
Banjara Hills,
Hyderabad 500 034.
Having Zonal office at
New No.8, old No.8/1, Casa Major Road,
Egmore, Chennai-600 008
Rep. by its Deputy General Manager (Marketing)
M. Nageswar Rao
2. Krishnan Shankar .. Respondents in all Crl.O.Ps
Common Prayer: Petition filed under Section 482 of Cr.P.C., to call for the
records in C.C.No.3091 of 2015 pending on the file of the Chief
Metropolitan Magistrate, Egmore at Allikulam, Chennai and quash the
same.
For Petitioners in all petitions : MR.A.L.Somayaji, Senior Advocate
for Mr.P.H.Manoj Pandian
For 1st respondent : Mr.S.Venkatesan
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https://www.mhc.tn.gov.in/judis/
Crl.O.P.Nos.9558, 9559 & 9560 of 2018
ORDER
The petitioners have filed these petition to call for the records in
C.C.No.3091 of 2015 pending on the file of the Chief Metropolitan
Magistrate, Egmore at Allikulam, Chennai and quash the same.
2. Though several grounds have been raised by the learned Senior
counsel for the petitioners, however, this Court is of the opinion the issue
involves in the present round of litigation is a triable issue and the grounds
raised by the counsel for the petitioners 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.
3. It is represented by the learned counsel appearing for the
petitioners 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
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Crl.O.P.Nos.9558, 9559 & 9560 of 2018
further submit that the appearance of the petitioners before the Trial Court
may be dispensed with.
4. Accordingly, this petition is disposed of directing the trial
court to dispose of C.C.No.3091 of 2015 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 Senior counsel for the
petitioners, their 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.
24.09.2021
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Crl.O.P.Nos.9558, 9559 & 9560 of 2018
To
1.The Cheif Metropolitan Magistrate,
Egmore,
Allikulam,
Chennai.
2.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.Nos.9558, 9559 & 9560 of 2018
M.DHANDAPANI,J.
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Crl.O.P.Nos.9558,9559 &
9560 of 2018
24.09.2021
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