Madras High CourtCRL OP/18074/2010disposed of

T.Irshad Ali v. Mr.R.S.I.Ayub Ali

2019-12-11Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.18074 of 2010 T.Irshad Ali Proprietor, M/s.Suha Leather Exports ... Petitioner Vs.

Mr.R.S.I.Ayub Ali Proprietor, M/s.Johara Leathers ... Respondent Prayer:

Petition filed under Section 407 of Cr.P.C., seeking to withdraw the case in C.C.No.784 of 2008 on the file of the learned Judicial Magistrate No.I at Erode and transfer the same to any other Judicial Magistrate Court at Vellore District. For Petitioner : M/s.P.A.Chithramani

O R D E R

The petitioner has filed this petition seeking to withdraw the case in C.C.No.784 of 2008 on the file of the learned Judicial Magistrate No.I at Erode and transfer the same to any other Judicial Magistrate Court at Vellore District. 2.The learned counsel appearing for the petitioners would submit that earlier there was life threat and hence, the petitioner filed this petition. However, after a lapse of nearly nine years, 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.

3.In view of the above, this Court directs the learned Judicial Magistrate No.I at Erode, to expedite the trial in C.C.No.784 of 2008 and complete the same as early as possible. The appearance of the petitioner before the Trial Court is 1/4 https://hcservices.ecourts.gov.in/hcservices/

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. 4.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions, if any, are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Judicial Magistrate Court No.I at Erode. 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P.No.18074 of 2010 rk(co) aa20/01/2020 2/4 https://hcservices.ecourts.gov.in/hcservices/