Eileen, F/Aged About 55 Years v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.8264 of 2018 and Crl.M.P.No.4250 & 4251 of 2018 1.Eileen 2.Tennyson .. Petitioners Vs.

1. The State rep. by The Inspector of Police, All Women Police Station, Vellore, Vellore District.

2. Aupamma .. Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records pending on the file of the learned Judicial Magistrate No.I, Vellore District in Cr.No.332 of 2017 and quash the criminal proceedings.

For Petitioners : Mr.E.K.Kannadasan For RR1 : Mr.C.E.Pratap Government Advocate (Crl.Side) For RR2 :

Mr.K.Soundararajan

O R D E R

The petitioners have filed this petition seeking to call for the records pending on the file of the learned Judicial Magistrate No.I, Vellore District in Cr.No.332 of 2017 and quash the criminal proceedings.

2. The grounds raised by the counsel for the petitioners are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of

its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the Petitioners to raise all the grounds before the Court and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below. 3.It is now represented by the learned counsel appearing for the Petitioners 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. 4.In view of the above, this Court directs the Judicial Magistrate No.I, Vellore District, to expedite the trial in C.C.No.

332 of 2017 and complete the same as expeditiously 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, these criminal original petitions are disposed of.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VII) // True Copy// Sub Assistant Registrar sk To 1.The Judicial Magistrate, No.I, Vellore.

2.The Inspector of Police, All Women Police Station, Vellore, Vellore District.

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

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.35044 Crl.O.P.No.8264 of 2018 PCH(CO) SU(09/08/2021)