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Madras High CourtCRL OP/26013/2013disposed of

D.Muralidharan v. The Inspector Of Police

2020-01-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.26013 to 26016 of 2013 and M.P.No.1 of 2013 1.D.Muralidharan 2.R.Duraisamy ... Petitioners in all Crl.O.Ps.

Vs.

State Rep by:

Inspector of Police, V.5 Thirumangalam Police Station, ... Respondent in all Crl.O.Ps.

State Rep by:

Inspector of Police, V.3 J.J.Nagar Police Station, ... Respondent in Crl.OP.26016/2013 Common Prayer in Crl.O.P.Nos.26013 to 26016 of 2013: Petitions filed under Section 482 of Cr.P.C., seeking to call for the records pertaining to the C.C.Nos.2812, 5082 and 5083 of 2010 on the file of the X Metropolitan Magistrate, Chennai-600 008 and S.C.No.98 of 2010 on the file of the Additional District and Session Judge, Fast Track Court No.I, Poonamallee, Thiruvallur District, and quash the same. In all the Crl.O.Ps For Petitioners : Mr.N.Naveen Kumar For Respondent : M/s.V.Saradha Devi Government Advocate COMMON ORDER These criminal original petitions have been filed seeking to call for the records pertaining to the C.C.Nos.2812, 5082 and 5083 of 2010 on the file of the Learned X Metropolitan Magistrate, Chennai-600 008 and S.C.No.98 of 2010 on the file of the Learned Additional District and Session Judge, Fast Track Court No.I, Poonamallee, Thiruvallur District, and quash the same.

2.The learned counsel appearing for the petitioners 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 petitioners before the Trial Court may be dispensed with and would further submit that the petitioners are ready to appear before the Court below as and when necessary arises.

3.The learned counsel appearing for the respondent would concede to the request made by the learned counsel appearing for the petitioners.

4.In view of the above, this Court directs the Learned X Metropolitan Magistrate, Chennai-600 008 and the Learned Additional District and Session Judge, Fast Track Court No.I, Poonamallee, Thiruvallur District, to expedite the trial in C.C.Nos.2812, 5082 and 5083 of 2010 and S.C.No.98 of 2010 respectively and complete the same as early as possible. The appearance of the petitioners before the Trial Courts 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 furnishing 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, these criminal original petitions are disposed of. Consequently, connected miscellaneous petitions, if any, are closed.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar gbi To 1.

The Learned X Metropolitan Magistrate, Chennai-600 008.

2.

The Chief Judicial Magistrate, Egmore, 3.

The Additional District and Sessions Judge, Fast Track Court No.I, Poonamallee, Thiruvallur District.

4.

The Inspector of Police, V.5, Thirumangalam Police Station, 5.

Inspector of Police, V.3, J.J.Nagar Police Station, 6.

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

+4cc to M/s.M.Kalyani, Advocate, SR.Nos.4216, 4217, 4219, 4218. Crl.O.P.Nos.26013 to 26016 of 2013 and M.P.No.1 of 2013 LN(CO) CSR: 20.02.2020