B.Jayachandran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.15087 of 2013 and M.P.Nos.1 of 2013 B.Jayachandran ... Petitioner/Accused Vs.

State rep. by The Inspector of Police, Law & Order, R-9, Valasaravakkam Police Station, Chennai.

... Respondent/Complainant PRAYER: Petition filed under Section 482 of Cr.P.C., seeking to call for the records in C.C.No.315 of 2011 on the file of the learned Judicial Magistrate No.1, Poonamallee and quash the same.

For Petitioner : Mr.R.Kandasamy For Respondent : Mr.C.Iyyapparaj, Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking to call for the records in C.C.No.315 of 2011 on the file of the learned Judicial Magistrate No.1, Poonamallee and quash the same.

2.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues 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 and would further submit that the petitioner is ready to appear as and when necessary arise.

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3.The learned Additional Public Prosecutor appearing for the respondent concede to the request made by the learned counsel appearing for the petitioner.

4.In view of the above, this Court directs the learned Judicial Magistrate No.1, Poonamallee, to expedite the trial in C.C.No. 315 of 2011 and complete the same as early as possible. The appearance of the petitioner before the Trial Court is dispensed with. However, this order will not stand on the way of the Trial Court to insist for the appearance of the petitioner for receiving copies under Section 207 of Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. and judgment and as and when the Trial Court feels it necessary. 5.With the above directions, this criminal original petition is disposed of.

Consequently, connected miscellaneous petitions is closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar dsa To 1.The learned Judicial Magistrate No.1, Poonamallee.

2.The Inspector of Police, Law & Order, R-9, Valasaravakkam Police Station, Chennai.

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

+1 CC to Mr.R.Kandasamy, Advocate sr 1168.

Crl.O.P.No.15087 of 2013 SR(CO) SP(22/05/2020) https://hcservices.ecourts.gov.in/hcservices/