R.Karthik, Male, Aged 42 Years v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.27133 of 2017 and Crl.M.P.No.15560 & 15561 of 2017 R.Karthik
...Petitioner/Accused - 1
Vs.
1. State represented by Inspector of Police, W-26, All Woman Police Station, Ashoka Nagar, Chennai -83.
2. Srividya
...Respondents
2nd respondent is impleaded as per the order of this Hon'ble Court dated 27.02.2019 made in Crl.M.P.15825/2017 in Crl.O.P.No.27133 of 2017.
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.7847 of 2017 on the file of the learned XVII Metropolitan Magistrate, Court, Saidapet, Chennai and quash the same.
For Petitioner .. Mr.V.Vijayakumar For R1 .. Mr.E.Raj Thilak Govt. Advocate (Criminal Side) For R2 .. Mr.Poongkhulali
ORDER
I have given patient hearing to Mr.V.Vijayakumar, learned counsel for the petitioner herein. The learned counsel pointed out various aspects which according to him should be considered and interference should be done in further progress of C.C.No.7847 of 2017 now pending before the XVII Metropolitan Magistrate Court, Saidapet, Chennai.
2.But, I would, refrain myself from entering into any further discussion particularly because as pointed out by Mr.E.Raj Thilak, learned Government Advocate (Criminal Side) https://hcservices.ecourts.gov.in/hcservices/
and also by Ms.Poongkhulali, learned counsel who appeared for the 2nd respondent that, the trial has actually commenced and PW1, PW-2 have examined in chief and the petitioner herein has filed an application to recall the said witnesses for crossexamination. Since the matter is actively under consideration of the competent judicial authority, it is extremely inappropriate on my part to venture into the merits raised before this Court. I would leave it to the wisdom and privilege of the learned Magistrate to decide on the said issues on the basis of the evidence recorded and on the basis of the submissions made by the learned counsel on conclusion of trial. Let me not give further opinion on the said issue. 3.With the above observations, this Criminal Original Petition is dismissed by relegating the parties back to the XVII Metropolitan Magistrate Court, Saidapet, Chennai, to continue the trial in C.C.No.7847 of 2017. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar smv To
1. The XVII Metropolitan Magistrate Court, Saidapet, Chennai.
2. The Inspector of Police, W-26-All Woman Police Station, Ashoka Nagar, Chennai - 83.
Crl.O.P.No.27133 of 2017 PMK[co] NSK 17/09/2021 https://hcservices.ecourts.gov.in/hcservices/