K.Varadharaj v. M.Palanisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.3866 of 2010 1.K.Varadharaj 2.V.Jayakumar 3.Ramakanth padiya 4.Mours Ero India Export Pvt. Ltd., Tirupur 5.Mangayarkarasi 6.Pannerselvam 7.P.Karthikeyan 8.M.Josephraja ... Petitioners Vs.

M.Palanisamy ... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in C.C.No.581 of 2009 on the file of the learned Judicial Magistrate No.VI at Coimbatore and quash the same.

For Petitioners : Mr.S.Senthil Kumar For Respondent : Mr.N.A.Nissar Ahmed

O R D E R

This criminal original petition has been filed seeking to call for the records in C.C.No.581 of 2009 on the file of the learned Judicial Magistrate No.VI at Coimbatore 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 as and when necessary.

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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 Judicial Magistrate No.VI at Coimbatore to expedite the trial in C.C.No.581 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. 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 kas To:

1.

The Judicial Magistrate No.VI Coimbatore.

2.

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

+1cc to Mr.N.A.Nissar Ahmed, Advocate, S.R.No.1126 +1cc to Mr.S.Senthil Kumar, Advocate, S.R.No.1124 Crl.O.P.No.3866 of 2010 RR(CO) CS/19/02/2020 https://hcservices.ecourts.gov.in/hcservices/