Disposed

L.Shanmugam, M/77 v. State Rep by

Madras HC22 Jun 2021CRL OP/3419/2018

Case brief

AI extract

What is this about?

High Court directed the Chief Judicial Magistrate, Erode to expedite and conclude the trial of C.C.No.139 of 2014 within six months and dispensed with the petitioner's appearance for specific trial stages, while retaining the trial court's power to summon them if necessary.

What did the court decide?

Expedite and complete trial within six months; dispense with petitioner's appearance for specific stages.

L.Shanmugam, M/77 Vs State Rep by — Civil Procedure and Limitation | Madras HC (2021)

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Crl.O.P.No.3419 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.06.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.No.3419 of 2018 And

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Crl.M.P.Nos.1504 and 1505 of 2018

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1.L.Shanmugam
2.N.S.Krishna Kumar ... Petitioners
Vs.
1.State Rep. by
Inspector of Police
District Crime Branch,
Erode.
2.V.Kalyanakumar ... Respondents

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Prayer:

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Petition filed under Section 482 of Cr.P.C., seeking to call for the records pertaining to C.C.No.139 of 2014 on the file of the learned Chief Judicial Magistrate, Erode and quash the same by allowing this criminal original petition.

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For Petitioner : M/s.M.Guruprasad For Respondent : Mr.A.Gopinath for R1 Government Advocate (Crl.Side)

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O R D E R

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This petition has been filed seeking to call for the records

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https://www.mhc.tn.gov.in/judis/

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1/4

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Crl.O.P.No.3419 of 2018

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relating to the case in C.C.No.139 of 2014 on the file of the learned Chief Judicial Magistrate, Erode and to quash the same.

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2.The learned counsel appearing for the petitioner would submit that though several grounds have been raised in this petition, 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.

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3.The learned Government Advocate (Crl. Side) concede to the request made by the learned counsel appearing for the petitioner.

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4.In view of the above, this Court directs the learned Chief Judicial Magistrate, Erode, to expedite the trial in C.C.No.139 of 2014 and complete the same, within a period of six months from the date of receipt of a copy of this order. The appearance of the petitioner before

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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

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2/4

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https://www.mhc.tn.gov.in/judis/

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Crl.O.P.No.3419 of 2018

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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.

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5.With the above directions, this criminal original petition is
disposed of. Consequently, the connected miscellaneous petitions are
closed.
22.06.2021
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Chief Judicial Magistrate,
Erode.
2.The Inspector of Police
District Crime Branch,
Erode.
3.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.

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https://www.mhc.tn.gov.in/judis/

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3/4

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Crl.O.P.No.3419 of 2018

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M.DHANDAPANI,J. pri

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Crl.O.P.No.3419 of 2018
And
Crl.M.P.Nos.1504 and 1505 of 2018
22.06.2021

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https://www.mhc.tn.gov.in/judis/

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L.Shanmugam, M/77 v. State Rep by

Case brief

What is this about?

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L.Shanmugam, M/77 v. State Rep by

Case brief

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