Ram Tyagarajan vs N.Sambasivam
2022 Latest Caselaw 14813 Mad

                                                                                    Crl.O.P.No. 17565 of 2022


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED      05.09.2022

                                                            CORAM

                                  THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN

                                     Crl.O.P.Nos.17565 to 17568, 17570 & 17572 of 2022
                                   and Crl.M.P.Nos.10940 to 10949, 10951 & 10952 of 2022

                     Ram Tyagarajan                                        ... Petitioner in all Crl.O.Ps

                                                              Vs

                     N.Sambasivam                                      ... Respondent in all Crl.O.Ps

COMMON PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to issue a direction forbearing the Chief Judicial Magistrate Court, Cuddalore from proceeding with STC Nos.1096, 824, 1098, 823, 1097 and 1095 of 2019, until final determination of CIRP proceedings before the National Company Law Tribunal, Chennai Bench in CP/(IB)/275(Che)/2021.

In all Crl.O.Ps For Petitioner : Mr.Ramaswamy Meyyappan

For Respondent : Mr.V.Karthick, Senior Counsel for Mr.R.Nalliappan

https://www.mhc.tn.gov.in/judis Crl.O.P.No. 17565 of 2022

COMMON ORDER

These petitions have been filed to issue a direction forbearing the Chief

Judicial Magistrate Court, Cuddalore from proceeding with STC Nos.1096,

824, 1098, 823, 1097 and 1095 of 2019 until final determination of CIRP

proceedings before the National Company Law Tribunal, Chennai Bench in

CP/(IB)/275(Che)/2021.

2.Heard the learned counsel appearing for the petitioner and the

learned counsel appearing for the respondent.

3.In all these petitions, trial has already been commenced and P.W.1

was examined in chief. Therefore, this Court cannot entertain these petitions

to quash the entire proceedings.

4.Considering the facts and circumstances of the case, the personal

appearance of the petitioner is dispensed with and he shall be represented by

a counsel after filing appropriate application. However, the petitioner shall be

present before the Court at the time of furnishing of copies, framing charges,

https://www.mhc.tn.gov.in/judis Crl.O.P.No. 17565 of 2022

questioning under Section 313 Cr.P.C. and at the time of passing judgment.

The trial Court is directed to complete the trial within a period of three

months from the date of receipt of copy of this Order.

5.Accordingly, all the criminal original petitions are dismissed.

Consequently, connected miscellaneous petitions are also closed.

05.09.2022 Internet:Yes Index:Yes/no Speaking/non speaking order

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To

1.The Chief Judicial Magistrate Court, Cuddalore.

2.The National Company Law Tribunal, Chennai Bench.

3.The Public Prosecutor, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis Crl.O.P.No. 17565 of 2022

G.K.ILANTHIRAIYAN. J,

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Crl.O.P.Nos.17565 to 17568, 17570 & 17572 of 2022 and Crl.M.P.Nos.10940 to 10949, 10951 & 10952 of 2022

05.09.2022

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