Madras High CourtCRL OP/25446/2013disposed of

Siva Traders v. V.Santhalingam

2020-01-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.NO.25446 OF 2013 AND CRL.M.P.NO.1 OF 2013 Siva Traders, A Sole Proprietor Concern Pagalpatty, Omalur Taluk, Rep by its Sole Proprietor, M.Natarajan, M/49, S/o.Muthusamy, V.R.V.Oil Mill, Sri Raja Rajeswari Traders, Leigh Bazaar, Salem-9.

... Petitioner/Accused Vs.

V.Santhalingam ... Respondent/Complainant PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the entire records concerned in C.C.No.218 of 2009 on the file of the Judicial Magistrate No.V, Salem, Salem District and quash the same in sofar as the petitioner is concerned.

For Petitioner : M/s.C.Prakasam

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.218 of 2009, pending on the file of the Judicial Magistrate No.V, Salem.

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.

https://hcservices.ecourts.gov.in/hcservices/

3.In view of the above, this Court directs the learned Judicial Magistrate No.V, Salem, to expedite the trial in C.C.No.218 of 2009 and complete the same as early as possible. The appearance of the petitioners 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 petitioners 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. 4.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vv2 To The Judicial Magistrate No.V, Salem.

Crl.O.P.No.25446 of 2013 RSV(CO) CS/09/03/2020 https://hcservices.ecourts.gov.in/hcservices/