R.Karthikeyan, Aged 33 Years, v. R.Shobana Rani,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.4364 of 2018 and Crl.M.P.Nos.2041 & 2042 of 2018 R.Karthikeyan S/o.G.Radhakrishnan ...Petitioner /Accused Vs.
R.Shobana Rani ...Respondent/Complainant Prayer:The Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records and quash the proceeding laid down in S.T.C.No.120 of 2017 on the file of the Judicial Magistrate -I, Tiruvannamalai and allow the Criminal Original Petition as prayer for.
For Petitioner : Mr.J.Pradeep For Respondent : Mr.M.Mariappan
O R D E R
This Criminal Original Petition has been filed seeking to call for the records and quash the proceeding laid down in S.T.C.No.120 of 2017 on the file of the Judicial Magistrate -I, Tiruvannamalai and allow the Criminal Original Petition as prayer for.
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the sole respondent.
3. It is evident from the materials available on record that the ground raised by the petitioner before the trial Court is a triable issue which has to be decided by the Trial Court after full fledged trial. Hence, I am not inclined to interfere with the proceedings in S.T.C.No.120 of 2017 pending on the file of the learned Judicial Magistrate No.I, Tiruvannamalai. 4.It is now represented by the learned counsel appearing for the petitioner that without going into the merits of the case, https://hcservices.ecourts.gov.in/hcservices/
it would be suffice, if this Court issues direction to the Trial Court to expedite the trial and complete the same as early as possible.
5.In view of the above, this Court directs the learned Judicial Magistrate No.I, Tiruvannamalai, to expedite the trial in S.T.C.No.120 of 2017 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 on the day of judgment and as and when the Trial Court feels it necessary.
6.With the above directions, this Criminal Original Petition is dismissed. Consequently the connected Criminal Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ebsi/msrm To The Judicial Magistrate No.I, Tiruvannamalai.
+2cc to Mr.J.Pradeep, Advocate SR.33495, 33925 Crl.O.P.No.4364 of 2018 and Crl.M.P.Nos.2041 & 2042 of 2018 sky[co] srg 10/08/2021 https://hcservices.ecourts.gov.in/hcservices/