Solomon Jeyaraj, Aged 52 Years v. Shanthi,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27187 of 2016 & Crl.M.P.Nos.13768 of 2016 & 14589 of 2017 Solomon Jeyaraj ... Petitioner Vs.
Shanthi ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the order dated 15.11.2016 in C.C.No.5450 of 2011 on the file of the FTC-II, Metropolitan Magistrate Court, Egmore, at Allikulam, Chennai - 3 and set aside the same granting opportunity for the petitioner herein to summon the witnesses and let in further evidence.
For Petitioner :
Mr.P.S.Ganesh For Respondent :
Mr.R.C.Manoharan
ORDER
The ground, on which, the defence evidence came to be closed since the petitioner had not taken steps to file the process in time. Though there is no infirmity in the order, in my view, a sympathetic consideration can be extended to the accused for the purpose of filing the process.
2. In the result, the order dated 15.11.2016 passed in C.C.No.5450 of 2011 on the file of the learned Metropolitan Magistrate, FTC-II, Egmore, at Allikulam, Chennai is set aside. Consequently, the petitioner is permitted to summon the witness to let in further evidence. Since the proceedings are pending from the year 2011 onwards, it would be appropriate to direct the learned Magistrate to expedite the trial and dispose of the same as expeditiously as possible.
3. With the above observation, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed.
Sd/-- Assistant Registrar(CS IX) //True Copy// https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar
nl To 1.The Metropolitan Magistrate, FTC-II, Egmore, at Allikulam, Chennai 2.-do-thro The Chief Metropolitan Magistrate, Chennai +1cc to Mr.P.S.Ganesh, Advocate SR.No.11448 +1cc to Mr.R.C.Manoharan, Advocate Sr.No.11200 sm:28.2.2018 Crl.O.P.No.27187 of 2016 https://hcservices.ecourts.gov.in/hcservices/