P. Mohanraj v. M. Jayanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And Crl.M.P.No.7580 of 2024 P.Mohanraj ... Petitioner Vs.

1.M.Jayanthi 2.K.R.Meenakshi ... Respondents Prayer:

Criminal Revision Case filed under Section 397 r/w. Section 401 of Criminal Procedure Code, to allow the present criminal revision petition by setting aside the order dated 05.08.2021 passed by the Vth Metropolitan Magistrate, Egmore in Crl.M.P.No.10274 of 2021 in C.C.No.785 of 2012.

For Petitioner : Mr.G.V.Mohan Kumar For Respondents : M/s.Poonkhulali

O R D E R

This criminal revision has been filed seeking to set aside the order dated 05.08.2021 passed by the learned V Metropolitan Magistrate, Egmore in Crl.M.P.No.10274 of 2021 in C.C.No.785 of 2012.

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2.The case of the petitioner is that the petitioner filed a petition under Section 245(2) of Cr.P.C. seeking to discharge him from the charges under Sections 493, 494, 120(b), 506(2) of I.P.C. in C.C.No.785 of 2012 before the learned V Metropolitan Magistrate, Egmore, Chennai and the same was dismissed by the trial Court. Challenging the same, the petitioner has filed the present revision. 3.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.

4.Having regard to the submission made by the learned counsel appearing for the petitioner, this Court directs the learned V Metropolitan Magistrate, Egmore, to expedite the trial in C.C.No.785 of 2012 and complete the same as early as possible. The appearance of the petitioner before the Trial Court is dispensed with. However, this 2/4

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 at the time of passing of the final judgement and as and when the Trial Court feels it necessary.

5.Accordingly, this criminal revision case is dismissed. Consequently, the connected miscellaneous petition is closed. 07.06.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The V Metropolitan Magistrate, Egmore, Chennai.

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M.DHANDAPANI,J.

pri And Crl.M.P.No.7580 of 2024 07.06.2024 4/4