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Madras High CourtCRL OP/5528/2018dismissed

Mr.J.Ravichandran v. The State Of Tamil Nadu

2021-07-14Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.NO.5528 OF 2018 AND CRL.M.P.NOS.2707 & 2708 OF 2018 Mr.J.Ravichandran ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. By the Inspector of Police, Pudumand Police Station, The Nilgiris District.

2. Mr.P.Suresh Babu ... Respondents PRAYER:- The Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the in S.T.C.No.210 of 2017 before the Hon'ble Judicial Magistrate Court at Udhagamandalam and quash the same.

For Petitioner : Mr.S.Sathyaraj For M/s.K.Arunagiri For Respondents : Mr.A.Gopinath - For - R1 Government Advocate (Crl.Side) : Not ready in notice - For - R2

O R D E R

This Criminal Original Petition has been filed seeking to call for the records pertaining in S.T.C.No.210 of 2017 on the file of the Judicial Magistrate Court at Udhagamandalam and quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent police.

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 https://hcservices.ecourts.gov.in/hcservices/

the proceedings in S.T.C.No.210 of 2017 pending on the file of the learned Judicial Magistrate Court, Udhagamandalam.

4. It is now represented by the learned counsel appearing for the petitioner that without going into the merits of the case, 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 Court, Udhagamandalam, to expedite the trial in S.T.C.No.210 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(CCC) //True Copy// Sub Assistant Registrar ebsi/msrm To

1. The learned Judicial Magistrate Court, Udhagamandalam.

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

3. The Inspector of Police, Pudumand Police Station, The Nilgiris District.

+1cc to M/s.K.Arunagiri, Advocate, S.R.No.33261 CRL.O.P.NO.5528 OF 2018 KV(CO) PBS/09/08/2021 https://hcservices.ecourts.gov.in/hcservices/