Madras High Court
M. Duraibabu vs The Inspector Of Police on 24 September, 2021
Crl.O.P.No.30933 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.30933 of 2019
and
Crl.M.P.Nos.16796 & 1012 of 2020
M. Duraibabu .. Petitioner
Vs.
1. The Inspector of Police,
R-7 K.K. Nagar Police Station,
Chennai – 600 078.
2. M. Mathivanan .. Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the entire
records in C.C.No.4451 of 2018 on the file of the Hon'ble XXIII
Metropolitan Magistrate, Saidapet, Chennai-600 015 and quash the same.
For Petitioner : Mr.S. Jeyakumar
For Respondents : Mr.A. Gopinath
Government Advocate
1/6
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.30933 of 2019
ORDER
The petitioner had filed this petition seeking to call for the entire
records in C.C.No.4451 of 2018 on the file of the Hon'ble XXIII
Metropolitan Magistrate, Saidapet, Chennai-600 015 and quash the same.
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 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.
6.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 further submit that
the appearance of the petitioners before the Trial Court may be dispensed
with.
7. Accordingly, this petition is disposed of directing the trial
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Crl.O.P.No.30933 of 2019
court to dispose of C.C.No.4451 of 2018 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.
24.09.2021
smn
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.30933 of 2019
M.DHANDAPANI,J.
smn
To
1. The Inspector of Police,
R-7 K.K. Nagar Police Station,
Chennai – 600 078.
2. The XXIII Metropolitan Magistrate, Saidapet, Chennai-600 015
3.The Public Prosecutor,
High Court of Madras, Chennai 600 104.
Crl.O.P.No.30933 of 2019
24.09.2021
https://www.mhc.tn.gov.in/judis/
