Manokar vs State Rep. By
2021 Latest Caselaw 19849 Mad

                                                                                   Crl.O.P.No.22867of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 28.09.2021

                                                            CORAM

                                   THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                                  Crl.O.P.No.22867 of 2018
                                          and Crl MP Nos.12730 and 12731 of 2018
                     1.Manokar
                     2.Lakshmi                                              .. Petitioners
                                                              Vs.

                     1. State Rep. By
                        The Inspector of Police,
                        Thiruvenainallur Police Station,
                       Villupuram District.
                       (Cr.No.111 of 2018)

                     2.Sathiyamoorthy                                              .. Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to call for the records in Spl.S.C.No.30 of 2018 on
                     the file of the Special Sessions Court for SC/ST cases, Villupuram and
                     quash the same in respect of the petitioners concerned.


                                      For Petitioner       : Mr.B.Kumarasamy
                                      For RR1              : Mr.C.E.Pratap
                                                             Government Advocate (Crl.Side)




                     1/1


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.22867of 2018

                                                       ORDER

The petitioners have filed this petition seeking to call for the

entire records in Spl.S.C.No.30 of 2018, on the file of the Special Sessions

Court for SC/ST cases, Villupuram 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22867of 2018

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

court to dispose of Spl.S.C.No.30/2018 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.

28.09.2021

sk

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22867of 2018

M.DHANDAPANI,J.

Sk

To

1. The Special Sessions Court for SC/ST cases, Villupuram.

2. The Inspector of Police, Thiruvenainallur Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22867 of 2018

28.09.2021

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