In a Criminal Original Petition seeking quashing of trial proceedings, the High Court directed the Judicial Magistrate to expedite the trial. The appearance of petitioners before the Trial Court was dispensed with, though inspection of recorded statements remains mandatory.
Directed Trial Court to expedite trial; appearance of petitioners dispensed with for now.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.32428 of 2013
and M.P.Nos.1 & 2 of 2013
1.K.Muthusamy
2.Banumathy
...Petitioners
Vs.
1.State represented by
The Inspector of Police, Pollachi-East Police Station, Coimbatore Dt.
(Ref.Crime No.334/11 dt:23.03.11)
2.K.Venkataraman
(2nd respondent impleaded as per order dated 11.01.2019 in Crl.M.P.No.763/19 in Crl.O.P.No.32428/13)
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.20/2013 on the file of the Judicial Magistrate-1, Pollachi and quash the same as against the petitioners
For Petitioners: Mr.S.Sithirai Anandam
For Respondents: Mr.C.Iyyapparaj
Additional Public Prosecutor for R1
ORDER
This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.20/2013 on the file of the learned Judicial Magistrate-1, Pollachi.
2.The learned counsel appearing for the petitioners would submit that without going into the merits of the case, it would suffice if this Court issues direction to the Trial Court to
1
expedite the trial and complete the same as early as possible. He would further submit that the appearance of the petitioners before the Trial Court may be dispensed with and would further submit that the petitioners are ready to appear as and when necessary.
3.The learned Additional Public Prosecutor appearing for the 1st respondent concede to the request made by the learned counsel appearing for the petitioners.
4.In view of the above, this Court directs the learned Judicial Magistrate-1, Pollachi, to expedite the trial in C.C.No.20 of 2013 and complete the same as early as possible. The appearance of the petitioners before the Trial Court is dispensed with, for the present. However, this order will not stand on the way of the Trial Court to insist for the appearance of the petitioners for receiving copies under Section 207 of Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. and Judgement and as and when the Trial Court feels it necessary.
5.With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petitions are closed.
Sd/Assistant Registrar(CS-VI)
//True Copy//
Sub Assistant Registrar
hvk To 1.The Judicial Magistrate Court-1, Pollachi.
2.The Inspector of Police, Pollachi-East Police Station, Coimbatore District.
3.The Public Prosecutor, High Court, Madras-104.
+1cc to Mr.S.Sithirai Anandam, Advocate SR.8212
Crl.O.P.No.32428 of 2013 and M.P.Nos.1 & 2 of 2013
PA(CO) CB(03/03/2020)
2
1 issue framed by the court
whether proceedings in C.C.No.20/2013 should be expedited by the Trial Court
3 provisions across 1 enactments
K. Muthusamy
Banumathy
State
Inspector of Police
K. Venkataraman
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
