Ajit Kumar v. Subbiah Elangovan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 06.02.2024

CORAM

The Hon`ble Mr.Justice M. DHANDAPANI CRL OP(MD) No.1599 of 2022 and Crl.M.P.(MD) Nos.1146 and 1147 of 2022 P.S.Ajit Kumar ... Petitioner Vs Subbiah Elangovan ... Respondent PRAYER :- Criminal Original Petition file under section 482 of Cr.P.C., to pleased to call for the records in S.T.C.No.07/2021 dated 18.01.2021 pending on the file of the District Munsif Cum Judicial Magistrate Court No.1, Thirumayam, Pudukkottai and Quash the same against the petitioners.5th Accused and pass such further or other orders as this Court.

For Petitioner : M/s. K.Jayamohan For Respondent : M/s. N. Adithya Vijayalayan 1/4

ORDER

This petition has been filed to quash the proceedings in STC No. 07/2021 dated 18.01.2021 pending on the file of the District Munsif Cum Judicial Magistrate Court No.1, Thirumayam, Pudukkottai.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3.It is submitted by the learned counsel for the petitioner that without going into the merits of the matter, this court may issue a direction to the court below to conclude the trial as expeditiously as possible.

4. Considering the submission made by the learned counsel for the petitioner, the trial Court is directed to dispose of the trial in STC No. 07/2021 as expeditiously as possible.

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5. The learned counsel appearing for the petitioners submitted that this Court may also consider dispensing with the personal appearance of the petitioners before the court below. Taking into consideration the request as made by the learned counsel for the petitioner, the appearance of the petitioner before the trial court is dispensed with except for his appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioner is necessary, the trial court, at its wisdom, shall direct his appearance on those days. Accordingly, the criminal original petition is disposed of with the above direction. Consequently connected Miscellaneous Petitions are closed.

06.02.2024 RR TO The District Munsif Cum Judicial Magistrate Court No.1, Thirumayam, Pudukkottai 3/4

M.DHANDAPANI. J RR

ORDER

IN CRL OP(MD) No.1599 of 2022 Date : 06.02.2024 4/4