Madras High CourtCRL OP/16661/2010disposed of

Mr.M.Prabhu v. Securities And Exchange Board

2019-12-11Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Prabhu ... Petitioner Vs.

Securities and Exchange Board of India, a statutory body established under the provisions SEBI Act 1992 D' monte building, 3rd Floor, No.32, D' monte colony, TTK Road, Alwarpet, Chennai - 600 018.

represented by its Assistant General Manager Mr.S.Dhakshinamurthy ... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in the above C.C.No.11049 of 2003 on the file of the Hon'ble XXIII Metropolitan Magistrate at Saidapet and quash the same as against the petitioner.

For Petitioner : M/s.G.Vijayakumar For Respondent : Mr.L.Baskaran

O R D E R

The petitioner has filed this petition seeking to call for the records in C.C.No.11049 of 2003 on the file of the learned XXIII 1/4

Metropolitan Magistrate at Saidapet and to quash the same as against the petitioner.

2.The learned counsel appearing for the petitioner would submit that during the pendancy of this criminal original petition, the case in C.C.No.11049 of 2003 on the file of the learned XXIII Metropolitan Magistrate at Saidapet was transferred to the file of the learned Principal Sessions Judge, Chennai and re-numbered as C.C.No.93 of 2019. Hence, it would suffice, if this Court issues direction to the Trial Court to expedite the trial and complete the same within a time frame. 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. 3.The learned counsel 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 Principal Sessions Judge, Chennai, to expedite the trial in C.C.No.93 of 2019 and complete the same, within a period of six months from the date of receipt of a copy of this order. The appearance of the petitioner before 2/4

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, if any, are closed.

11.12.2019 pri Note: Registry is directed to mark a copy of this order to the learned Principal Sessions Judge, Chennai.

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Principal Sessions Judge, Chennai.

2.The XXIII Metropolitan Magistrate at Saidapet. 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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M.DHANDAPANI,J.

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