Mr.Manjunath, Aged 44 Years v. Mr.Satyanarayan Agarwal,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.NO.2122 OF 2018 AND CRL.M.P.NOS.798 & 799 OF 2018 Manjunath .. Petitioner/Accused Vs.
Satyanarayan Agarwal Managing Partner, United Steel Corporation, No.60, Mugappair Road, Padi, Chennai-50.
Rep. by Authorised Manager Power Attorney, Sanjay Modi, Manager, Nited Steel Corporation, No.60, Mugappair Road, Padi, Chennai-50.
.. Respondents/Complainants Prayer: Petition filed under Section 482 of Cr.P.C., to call for the recrds and quash the proceedings here in STC. No.154 of 2016 pending on the file of the learned Judicial Magistrate (Fast Track Court) Ambattur till the disposal of the above Crl.OP. For Petitioner : Mr.S.Ravichandran For Respondent : Mr.R.Muthukumar
ORDER
The petitioner has filed this petition seeking to call for the entire records in STC. No.154 of 2016, on the file of the learned Judicial Magistrate (Fast Track Court) Ambattur and quash the same.
2. Though several grounds have been raised by the learned counsel for the petitioner, however, this Court is of the opinion the issue is a triable issue and the grounds raised by the counsel for the petitioner 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 petitioner 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 represented by the learned counsel appearing for the petitioner that this Court may issue a 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.
4. The learned counsel for the petitioner submitted that the trial Court has completed the trial and posted the matter for passing judgment.
5. Accordingly, this petition is disposed of directing the trial court to dispose of STC. No.154 of 2016 as expeditiously as possible as per seniority of the case. The petitioner and respondent are directed to co-operate with the trial court for the early completion of trial. Further, taking into consideration the request as made by the learned counsel for the petitioner, his appearance before the trial court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day
on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioner is necessary, the trial court, at its wisdom, shall direct their appearance on those days. Consequently, connected miscellaneous petitions, if any, are closed.
Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar rli To
1. The Judicial Magistrate (Fast Track Court) Ambattur,
2. The Chief Judicial Magistrate, Chennai.
+1cc to Mr.S.Ravichandran, Advocate, S.R.No.44691 Crl.O.P.No.2122 of 2018 and Crl.M.P.Nos.798 & 799 of 2018 PCH(CO) RLP(22/10/2021)