Madras High CourtCRL OP/32812/2014disposed of

The Sivamani Trust v. V.Ranganathan

2020-02-26Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.32812 of 2014 and MP.Nos. 1 & 2 of 2014 1.The Sivamani Trust, rep by its Managing Trustee.

2.S.Arunkumar 3.Mrs.Mala Sivakumar ...

Petitioners/A1 to 3 Vs.

V.Ranganathan ...

Respondent/Complainant Prayer: Petition filed under Section 482 of Cr.P.C., seeking to call for the records relating to C.C.No.93 of 2008 on the file of the learned Judicial Magistrate No.VII, Coimbatore and quash the same.

For Petitioners : Mr.B.Kumarasamy For Respondent :M/s Prof S. Krishnaswamy

ORDER

This criminal original petition has been filed seeking to call for the records in C.C.No.93 of 2008 on the file of the learned Judicial Magistrate No.VII, Coimbatore and quash the same.

2.The learned counsel appearing for the petitioner would submit that though the complainant had filed a complaint without any specific allegations, without going into the merits of the case, it would suffice, if this Court issues 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 petitioners before the Trial Court may be dispensed with and would further submit that the petitioners are ready to appear as and when necessary.

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3.The learned counsel appearing for the respondent/defacto complainant would submit that chief examination has been already completed and the matter was posted for proceeding under Section 313 of Cr.P.C.

4. In view of the above, without going into the merits of the case, this Court directs the learned Judicial Magistrate No.VII, Coimbatore to expedite the trial in C.C.No. 93 of 2008 and complete the same as early as possible. The appearance of the petitioners before the Trial Court is dispensed except for their appearance during questioning under Section 313 Cr.P.C and on the date of judgment. However, this order will not stand on the way of the Trial Court to insist for the appearance of the petitioners on any other day, which the Trial Court at its wisdom feels 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 No.III Coimbatore.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Kumarasamy, Advocate, Sr.No.17251 +1cc to Mr.Prof.S.Krishnaswamy, Advocate, Sr.No.16541 Crl.O.P.No.32812 of 2014 and MP.Nos. 1 & 2 of 2014 RGN(CO) srg 16/07/2020 https://hcservices.ecourts.gov.in/hcservices/