Dismissed

Gra @ G.R.Apparaj, v. J.M.H.Imran

Madras HC8 Apr 2021CRL OP/607/2018

Case brief

AI extract

What is this about?

The Single Judge held that the ground raised in the complaint formed a triable issue requiring full trial, thus refusing to quash the proceedings. An order was issued directing the trial court to expedite the trial and the petitioner's appearance was dispensed with except for specific procedural stages.

What did the court decide?

Court directed callendarizing the trial to be completed as early as possible and dispensed with petitioner's appearance except for specific stages like cross-examination, framing of charges, and recor

Gra @ G.R.Apparaj, Vs J.M.H.Imran — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.04.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.No.607 of 2018

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GRA alias G.R.Apparaj ...Petitioner

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Vs. J.M.H.Imran ...Respondent

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Prayer:The Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.9070 of 2017 on the file of the Learned Chief Metropolitan Magistrate, Allikulam (Egmore), Chennai and quash the same.

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This Criminal Original Petition has been filed seeking to call for the records in C.C.No.9070 of 2017 on the file of the Learned Chief Metropolitan Magistrate, Allikulam (Egmore), Chennai and to quash the same.

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Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

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It is evident from the materials available on record that the ground raised by the petitioner before the trial Court is a triable issue which has to be decided by the Trial Court after full fledged trial. Hence, I am not inclined to interfere with the proceedings in C.C.No.9070 of 2017 pending on the file of the learned Chief Metropolitan Magistrate, Allikulam (Egmore), Chennai

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4.It is now represented by the learned counsel appearing for the petitioner that without going into the merits of the case, it would be suffice, if this Court issues direction to the Trial Court to expedite the trial and complete the same as early as

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https://hcservices.ecourts.gov.in/hcservices/

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possible.

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5.In view of the above, this Court directs the learned Chief Metropolitan Magistrate, Allikulam (Egmore), Chennai, to expedite the trial in C.C.No9070 of 2017 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 on the day of judgment and as and when the Trial Court feels it necessary.

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6.With the above directions, this criminal original petition

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is dismissed.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
msrm
To
1. The Chief Metropolitan Magistrate,
Allikulam (Egmore), Chennai.
2. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.

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+2cc to Mr.A.Shamsudeen Raja, Advocate, S.R.No.22351/21

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Crl.O.P.No.607 of 2018

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RLD(CO) RN(03/05/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Gra @ G.R.Apparaj, v. J.M.H.Imran

Case brief

What is this about?

What did the court decide?

Gra @ G.R.Apparaj, v. J.M.H.Imran

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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