Madras High CourtCRL OP/21358/2014disposed of

M.Ellappan v. The Inspector Of Police

2020-02-12Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.21358 of 2014 and MP.Nos. 1 & 2 of 2014 1.M.Ellappan ...

Petitioner/A2 2.E.Saroja ammal ...

Petitioner/A3 Vs.

1.The State Rep.by, The Inspector of Police, All Women Police Station, Sriperumpudur ... 1st respondent/Complainant 2.Mrs.Thilagavathi ... 2nd Respondent/ Defacto Complainant Prayer: Petition filed under Section 482 of Cr.P.C., seeking to call for the records of the impugned charge sheet in CC.No.91/2014 pending on the file of the District Munsif cum Judicial Magistrate Court, Sriperumbadur, and quash the same. For Petitioner : Mr.S.Sivakumar For Respondents: Mr. C.Iyyapparaj, APP for R1

ORDER

This Criminal original petition has been filed seeking to call for the records in CC.No.91/2014 pending on the file of the Learned District Munsif cum Judicial Magistrate Court, Sriperumbadur and quash the same.

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

before the Trial Court may be dispensed with and would further submit that the petitioner is ready to appear as and when necessary.

3.The learned Additional Public Prosecutor appearing for the first respondent concede to the request made by the learned counsel appearing for the petitioner.

4. In view of the above, this Court directs the learned District Munsif cum Judicial Magistrate Court, Sriperumbadur to expedite the trial in CC.No.91/2014 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 judgment and as and when the Trial Court feels it necessary.

5.With the above directions, this criminal original petition is disposed of.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III-MDU) //True Copy// Sub Assistant Registrar To 1.The District Munsif cum Judicial Magistrate, Sriperumbadur.

2.The Inspector of Police, All Women Police Station, Sriperumbadur.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.21358 of 2014 and MP.Nos. 1 & 2 of 2014 pa[co] srg 16/07/2020 https://hcservices.ecourts.gov.in/hcservices/