G.Viswanathan Nair v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.3852 of 2011 G.Viswanathan Nair ... Petitioner Vs.

1.The Sub Inspector of Police Central Crime Branch Land Grabbing Cell Greams Road, Thousand Lights Chennai 600 006 2.KR.Sampath Gowri ... Respondents Prayer:Petition filed under Section 482 of Cr.P.C., seeking to call for the records, pertaining to the C.C.No.1774 of 2008 pending before the learned XI Metropolitan Magistrate, Saidapet, Chennai and quash all further proceedings in respect of the above case against the petitioner / accused.

For Petitioner : Mr.Abdul Razhaq for M/s.Razhaq Associates For Respondent : Mr.C.Iyyapparaj, APP for R1 Mr.V.Srinivasan for R2

O R D E R

The matter is listed today without E.B.

2.This criminal original petition has been filed seeking seeking to call for the records, pertaining to the C.C.No.1774 of 2008 pending before the learned XI Metropolitan Magistrate, Saidapet, Chennai and quash all further proceedings in respect of the above case against the petitioner / accused. 2.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would 1/4

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 arises.

3.The learned counsel appearing for the respondent concedes to the request made by the learned counsel appearing for the petitioner.

4.In view of the above, this Court directs the learned XI Metropolitan Magistrate, Saidapet, Chennai, to expedite the trial in C.C.No.1774 of 2008 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 stands disposed of. Consequently, connected miscellaneous petitions, if any, are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To:

1.The Sub Inspector of Police Central Crime Branch Land Grabbing Cell Greams Road, Thousand Lights Chennai 600 006 2.The XI Metropolitan Magistrate Saidapet, Chennai 2/4

3.do Thro The Chief Metropolitan Magistrate, Egmore, Chennai.

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

+1cc to M/s.Razhaq Associates, Advocate sr.104327 Crl.O.P.No.3852 of 2011 ln(co) nr 13/02/2020 3/4