Petition filed under Section 482 CrPC to call records and quash. Court directed Trial Court to expedite trial and dispensed with appellant's personal appearance, reserving right to summon for critical court proceedings.
Order to expedite trial; personal appearance of petitioner dispensed with.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.01.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.13909 of 2013
and
M.P Nos.1 and 2 of 2013
K.Subramanian ... Petitioner/Accused
Vs.
N.Swaminathan ... Respondent/Complainant
Prayer:
Petition filed under Section 482 of Cr.P.C., seeking to call for the records in C.C.306 of 2012 on the file of the Learned Judicial Magistrate No.III, Coimbatore and quash the same.
For Petitioners: M/s.AL.Ganthimathi
For Respondent : Mr.V.Gopinath, S.C
for M/s.L.Mahendran
O R D E R
This Criminal Original Petition has been filed seeking to call for the records in C.C.No.306 of 2012 on the file of the Learned Judicial Magistrate No.III, Coimbatore and to quash the same.
2.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the Trial Court to expedite the trial and complete the same as early as possible. He would further submit that the appearance of the petitioner before the Trial Court may be dispensed with and would further submit that the petitioner is ready to appear as and when necessary arise.
3.The learned counsel appearing for the respondent concede to the request made by the learned counsel appearing for the petitioner.
4.In view of the above, this Court directs the learned Judicial Magistrate No.III, Coimbatore, to expedite the trial in C.C.No.306 of 2012 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 judgment and as and when the Trial Court feels it necessary.
5.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions, if any, are closed.
Sd/-
Assistant Registrar(Cj conf)
//True Copy//
Sub Assistant Registrar
uma
To
The Judicial Magistrate No.III,
Coimbatore.
+1cc to Mr.T.R.Ravi , Advocate SR.No. 3288
+1cc to M/s.L.Mahendran , Advocate SR.No. 3385
Crl.O.P.No.13909 of 2013
and M.P Nos.1 & 2 of 2013
A.SK(26/02/2020)
K.Subramanian
N.Swaminathan
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
