Madras High CourtCRL OP/6392/2013disposed of

R.Subramaniam v. The Inspector Of Police

2020-01-08Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.6392 of 2013 R.Subramaniam ... Petitioner/2nd Accused Vs.

1.State rep. by Inspector of Police, C.B., C.I.D., Namakkal.

2.M.Balu (2nd respondent, defacto complainant is impleaded as per the order of this Hon'ble Court dated 04/10/2018 made in Crl.M.P.No.12161 of 2018 in Crl.O.P.No.6392 of 2013) .. Respondents/Complainant Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records and quash the charge sheet in C.C.No.23 of 2006 on the file of the Chief Judicial Magistrate, Namakkal. For Petitioner : Mr.Ganesh Kumar For Respondents : Mr.C.Iyyapparaj for R1 Additional Public Prosecutor Mr.N.Jayakumar for R2

O R D E R

This criminal original petition has been filed seeking to call for the records and to quash the charge sheet in C.C.No.23 of 2006 on the file of the learned Chief Judicial Magistrate, Namakkal.

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.

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3.The learned Additional Public Prosecutor and the learned counsel appearing for the second 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 Chief Judicial Magistrate, Namakkal, to expedite the trial in C.C.No.23 of 2006 and complete the same as early as possible. The appearance of the petitioner 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 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.

Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar pri To 1.The Chief Judicial Magistrate, Namakkal.

2.The Inspector of Police, C.B., C.I.D., Namakkal.

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

+1cc to Mr.R.Ganesh Kumar, Advocate, SR.No.1792. Crl.O.P.No.6392 of 2013 CA(CO) CSR: 14.02.2020 https://hcservices.ecourts.gov.in/hcservices/