This court directed the Judicial Magistrate to expedite and complete the trial within three months and dispensed with the petitioner's further appearance in the trial proceedings, except to receive copies under Section 207 Cr.P.C. and during specific stages.
Directions to expedite trial within three months; appearance of petitioner dispensed with.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2020 CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.5900 of 2014 and Crl.M.P.No.1 of 2014
T.D.Naidu ...Petitioner
Vs.
1.State Rep by, Inspector of Police, D-3 K.K.Chathiram Police Station, Thiruvallur District. (Crime No.195 of 2013)
2.Manjula ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for all the records in Crime No.195 of 2013 on the file of the respondent and quash the same.
For Petitioner : M/s.A.Saravanan for
M/s.S.Ashok Kumar
For R1 : M/s.C.Iyyappa Raj
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to quash the F.I.R in Crime No.195 of 2013 pending on the file of the 1st respondent Police.
2.The learned Additional Public Prosecutor would submit that the first respondent police has completed the investigation in Crime No.195 of 2013 and also filed a charge sheet before the learned Judicial Magistrate, Thiruttani and the same is taken on file as C.C.No.80 of 2018.
3.The learned counsel for the petitioner would submit that 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 petitioners before the Trial Court may be dispensed with and would further submit that the petitioner is to appear as and when necessary arise.
4.The learned Additional Public Prosecutor concedes to the request made by the learned counsel for the petitioner.
5.In view of the above, this Court directs the learned Judicial Magistrate, Tiruttani to expedite the trial in C.C.No.80 of 2018 and complete the same within a period of three months from the date of receipt of a copy of this order. 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.
6.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
vv2
To
1.The Judicial Magistrate,
Tiruttani.
2.The Sub Inspector of Police,
D-3 K.K.Chathiram Police Station,
Thiruvallur District.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.5900 of 2014 BR(CO) KKV/28/07/2020
1 issue framed by the court
Whether the court can direct the trial court to expedite the trial in a charge sheet closed case.
3 provisions across 1 enactments
T.D.Naidu
State Rep by, Inspector of Police, D-3 K.K.Chathiram Police Station, Thiruvallur District
Manjula
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
