Madras High CourtCRL OP/21188/2014disposed of

Muthuvel v. K.Vaithyalingam

2020-02-17Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.NO.21188 OF 2014 AND MP.NOS. 1 & 2 OF 2014 Muthuvel ... Petitioner/Accused Vs K.Vaithyalingam ... Respondent/Complainant Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records pertaining to C.C.No.150/2014, pending on the file of the Judicial Magistrate (FTC) at Alandur, Chennai and quash the same.

For Petitioner : M/s.Selvi George For Respondent : Mr.V.Rajendran

ORDER

This Criminal original petition has been filed seeking to call for the records pertaining to C.C.No.150/2014, pending on the file of the Judicial Magistrate (FTC) at Alandur, Chennai and quash the same.

2.The learned counsel appearing for the petitioner submits that without going into the merits of the case, while entertaining the petition for stay, this Court issued a direction for deposit of a sum of Rs. 1,00,000/- which is the actually liability. It is submitted that the said condition has been complied with and, hence, this Court may issue a direction to the Trial Court to expedite the trial and complete the same as early as possible. She 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.

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3.The learned counsel appearing for the respondent concedes to the request made by the learned counsel appearing for the petitioner.

4. In view of the above, this Court directs the learned Judicial Magistrate (FTC) at Alandur, Chennai, to expedite the trial in C.C.No.150/2014 and complete the same as early as possible as per seniority. 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 date of pronouncement of judgment and as and when the Trial Court feels the presence of the petitioner is necessary.

5.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jrs To

1. The Judicial Magistrate (FTC) Alandur, Chennai.

2. Do Thro The Chief Judicial Magistrate, Alandur.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.Selvi George, Advocate, S.R.No.13178 Crl.O.P.No.21188 of 2014 and MP.Nos.1 & 2 of 2014 BP(CO) CS/03/11/2020 https://hcservices.ecourts.gov.in/hcservices/