The bench rejected the petitioner's request for adjournment due to senior counsel's illness. Citing the commencement of trial and examination of six prosecution witnesses, the court dismissed the application under Section 482 CrPC to call for records.
Petition to call for records dismissed; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2018
CORAM
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM
Crl.O.P.No.26558 of 2013
and
Crl.M.P.No.1 of 2013
Manikandan
... Petitioner/Sole Accused
Vs. 1. The State Rep by its Inspector of Police, S-5, Pallavaram Police Station, Chennai. (Crime No.548/2010)
2 .B.Maimoon ... Respondents
Prayer : This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the proceedings in S.C.No.274/12 on the file of the learned Mahila Court at Chengalpet initiated by the first respondent.
For Petitioner : Mr.G.Balamanikanda for Mr.P.Vijendran
For Respondents : Mr.T.Shunmugarajeswaran,
Government Advocate.
O R D E R
The learned Junior Counsel for the petitioner has submitted that his Senior Counsel is suffering from Chicken pox and hence he is not able to appear before this Court. The same representations have been made on 01.10.2018 and 09.10.2018 also. Even after giving adjournment of 22 days, the learned Junior Counsel has represented the same. Hence, his request is rejected.
2. The learned Government Advocated has submitted that already P.W.1 to P.W.6 were examined before the trial Court. Considering the fact that already trial has been commenced and six witnesses have been examined by the prosecution before the trial Court, this Court is not inclined to entertain this
petition at this stage. It is open to the petitioner to put forth his defence before the trial Court itself. Hence, this petition is liable to be dismissed.
3.In the result this petition is dismissed. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
vkr/stm
To
1.The Inspector of Police,
S-5, Pallavaram Police Station,
Chennai.
2.The Sessions Judge,
Mahila Court,
Chengalpet.
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr .P.Vijendran , Advocate, S.R.No.72231
Crl.O.P.No.26558 of 2013
GJII(CO)
GSP(30/11/2018)
Manikandan
The State Rep by its Inspector of Police, S-5, Pallavaram Police Station, Chennai
B. Maimoon
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
