R.Kalyanasundram vs K.V.Dinesh
2021 Latest Caselaw 19853 Mad

                                                                             Crl.O.P.No.22076 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 28.09.2021

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                Crl.O.P.No.22076 of 2018
                                                           and
                                           Crl.M.P.Nos.12152 and 12156 of 2018

                     R.Kalyanasundram                                                  .. Petitioner

                                                             Vs.

                     K.V.Dinesh                                                     .. Respondent

                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the entire
                     records in C.C.No.3545 of 2016 on the file of the learned Metropolitan
                     Magistrate Fast Track-III, Saidapet, Chennai and quash the same.


                                           For Petitioner    : Mr.R.Veeramani



                                                        ORDER

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

records in C.C.No.3545 of 2016 on the file of the learned Metropolitan

Magistrate Fast Track-III, Saidapet, Chennai and quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22076 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 C.C. No.3545/2018 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.22076 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 his appearance on those days. Consequently,

connected miscellaneous petitions, if any, are closed.

28.09.2021 sk

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

To

1. The Metropolitan Magistrate Fast Track-III, Saidapet, Chennai

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22076 of 2018

M.DHANDAPANI,J.

sk

Crl.O.P.No.22076 of 2018

28.09.2021

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