Ramasamy vs M.Vanathi
2021 Latest Caselaw 20104 Mad

                                                                              Crl.O.P.No.23766 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 30.09.2021

                                                          CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 Crl.O.P.No.23766 of 2018
                                                           and
                                            Crl.M.P.Nos.13403 & 13405 of 2018

                     1.Ramasamy
                     2.Valli
                     3.Balaji
                     4.Subbulakshmi                                                      .. Petitioners

                                                             Vs.

                     M.Vanathi                                                       .. Respondent

                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the entire
                     records relating to the complaint in D.V.A.No.3 of 2018 on the file of the
                     Judicial Magistrate No.VI, Coimbatore in respect of the petitioners alone
                     and quash the same.
                                           For Petitioners    : Mr.Mouli.L
                                           For Respondent : Mr.A.M.Amutha Ganesh


                                                         ORDER

The petitioners have filed this petition seeking to call for the entire

records relating to the complaint in D.V.A.No.3 of 2018 on the file of the

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.23766 of 2018

Judicial Magistrate No.VI, Coimbatore in respect of the petitioners alone

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.

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 further submit that

the appearance of the petitioners before the Trial Court may be dispensed

with.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.23766 of 2018

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

court to dispose of D.V.A.No.3 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

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.

30.09.2021 sk

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.23766 of 2018

M.DHANDAPANI,J.

sk

To

1. The Judicial Magistrate No.VI, Coimbatore.

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

Crl.O.P.No.23766 of 2018

30.09.2021

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