Madras High CourtCRL OP/27188/2016disposed of

P.Raja Samuel, Aged 55 Years v. Sethuramsubramanian

2018-02-13Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27188 of 2016 & Crl.M.P.Nos.13769 of 2016 & 14588 of 2017 P.Raja Samuel ... Petitioner Vs.

Sethuramsubramanian ... 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.5446 of 2011 on the file of the FTCII, 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 M/s. Kurian & Associates 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.5446 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.

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3. With the above observation, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar nl To

1. The Metropolitan Magistrate, FTC-II, Egmore, at Allikulam, Chennai

2. Do Thro The Chief Metropolitan Magistrate Chennai.

+1 CC to Mr.P.S. Ganesh, Advocate sr 11449.

+1 CC to Mr.R.C. Manoharan, Advocate sr 11202. Crl.O.P.No.27188 of 2016 SP(28/02/2018) https://hcservices.ecourts.gov.in/hcservices/