Madras High CourtCRL OP/25902/2018disposed of

P.R.Pandiyan v. State By

2021-07-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.25902 of 2018 and Crl.M.P.No.14846 of 2018 P.R,Pandiyan (aged 48 years) Son of Ramalingam, ...Petitioner Vs.

1. State by : The Inspector of Police, District Crime Branch, Thruvarur District.

(Kottur P.S.Cr.No.215 of 2014)

2. Mr,Marimuthu ...Respondent Prayer:The Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records charge sheet in PRC.No.4 of 2018 on the file of the Judicial Magistrate Court No.2, Mannargudi, Thiruvarur District and quash the same in respect of the petitioner.

For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to call for the records charge sheet in PRC.No.4 of 2018 on the file of the Judicial Magistrate Court No.2, Mannargudi, Thiruvarur District and quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

3. It is evident from the materials available on record that the ground raised by the petitioner before the trial Court is a triable issue which has to be decided by the Trial Court after full fledged trial. Hence, I am not inclined to interfere with the proceedings in PRC.No.4 of 2018 pending on the file of https://hcservices.ecourts.gov.in/hcservices/

the learned Judicial Magistrate Court No.2, Mannargudi, Thiruvarur District.

4.It is now represented by the learned counsel appearing for the petitioner that without going into the merits of the case, it would be suffice, if this Court issues direction to the Trial Court to expedite the trial and complete the same as early as possible.

5.In view of the above, this Court directs the learned Judicial Magistrate Court No.2, Mannargudi, Thiruvarur District., to expedite the trial in PRC.No.4 of 2018 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 on the day of judgment and as and when the Trial Court feels it necessary.

6.With the above directions, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msrm To

1. The learned Judicial Magistrate, Court No.2,Mannargudi, Thiruvarur District.

2. The Inspector of Police, District Crime Branch, Thruvarur District.

3. The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P.No.25902 of 2018 SVI(CO) RGA(27/08/2021) https://hcservices.ecourts.gov.in/hcservices/