Criminal Original Petition filed under Section 482 Cr.P.C. to expedite trial proceedings and dispense with appearance of petitioner except for specific procedural steps.
Directs expedite trial; dispenses with petitioner's appearance except for specific procedural requirements.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.423 of 2018 and Crl.M.P.No.140 of 2018
Shri Anil Kumar Ojha Managing Partner, M/s Bajrangbali Trading Company & Import Manager of M/s Mahalakshmi Metal and scrap Processing (p) Ltd., 430/D, Tiruvottiyur High Road, Chennai 600 019. ... Petitioner/Accused No.4
Vs.
The Assistant Commissioner of Customs, Prosecution Unit ( Appraising), Customs House, Chennai ... Respondent/Compplainant
Prayer:
Petition filed under Section 482 of Cr.P.C., seeking to call for the records pertaining to the C.C.No.145 of 2008 pending on the file of the Additional Chief Metropolitan Magistrate, E.O.II, Egmore Chennai to quash the same.
For Petitioner : Mr.Menon
O R D E R
This petition has been filed seeking to call for the records pertaining to the C.C.No.145 of 2008 the Additional Chief Metropolitan Magistrate, E.O.II, Egmore Chennai to quash the same.
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 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 arise.
3.In view of the above, this Court directs the Additional Chief Metropolitan Magistrate, E.O-II, Egmore, Chennai, to expedite the trial in C.C.No.145 of 2008 and complete the same as early as possible. The appearance of the petitioners 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 petitioners 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.
4.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-II)
//True copy//
Sub Assistant Registrar
smn
To
Customs House, Chennai.
3.The Public Prosecutor, High Court of Madras, Chennai 600 104.
+1cc to M/s.Menon, Advocate SR.No.30769
Crl.O.P.No.423 of 2018
and Crl.M.P.No.140 of 2018
SKY(CO) GMY(06/08/2021)
Shri Anil Kumar Ojha
The Assistant Commissioner of Customs
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
