Advocates:
['M/S OM SAI RAM', '', 'G SANJEEVI', 'S T RAJA', '', '', 'M/S SURANA AND SURANA', 'G KALYAN JHABAKH']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

Crl.O.P.Nos.8406, 8408, 8409 & 8420 of 2018

and

Crl.M.P.Nos.4358, 4359, 4360, 4361, 4362, 4363, 4377 & 4378 of

2018 and 3750, 3751, 3752 & 3753 of 2019

Mrs. Sarla Jayant Parekh,

Partner of M/s.Saral Agency,

F/702, Angel Landmark, Yashwant,

Viva Township, New Link Road,

Nallasopara-East, Palghar,

Maharashtra-401 208

.. Petitioner in all above petitions/Accused no.3

Vs.

M/s.Transmarine Services India Private Limited,

Represented by its Authorized

Representative Mr.Jose Varghese (Director),

New No.210, 3^rd floor,

Thambu Chetty street,

Chennai-600 001. .. Respondent in all above petitions/Complainant

Common Prayer: Petition filed under Section 482 of Cr.P.C., to

call for the entire records pertaining to proceedings in

C.C.Nos.3883, 3882, 3880 & 3879 of 2017 pending on the file of

the IV Fast Track, Metropolitan Magistrate, George Town, Chennai

and quash the same against the petitioner.

For Petitioner in all petitions: M/S.Om Sai Ram

For Respondent in all petitions: M/S.Surana and Surana

ORDER

The petitioner has filed these petition seeking to call for

the entire records pertaining to proceedings in C.C.Nos.3883,

3882, 3880 & 3879 of 2017, pending on the file of the IV Fast

Track, Metropolitan Magistrate, George Town, Chennai and quash

the same against the petitioner.

2. Though several grounds have been raised by the learned

counsel for the petitioner, however, this Court is of the

opinion the issue is a triable issue and the grounds raised by

the counsel for the petitioner are all factual in nature and it

requires appreciation of evidence and this Court cannot decide

the same in exercise of its jurisdiction under Section 482 of

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

Criminal Procedure Code. It is left open to the petitioner to

raise all the grounds before the Court and the same shall be

considered on its own merits and in accordance with law. This

Court is not inclined to interfere with the proceedings pending

before the Court below.

3. It is represented by the learned counsel appearing for

the petitioner that this Court may issue a 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.

4. Accordingly, these petitions are disposed of directing

the trial court to dispose of C.C.Nos.3883, 3882, 3880 & 3879 of

2017 as expeditiously as possible as per seniority of the case.

The petitioner and respondent are directed to co-operate with

the trial court for the early completion of trial. Further,

taking into consideration the request as made by the learned

counsel for the petitioner, his appearance before the trial

court is dispensed with except for their appearance for the

purpose of receiving the copy of the proceedings u/s 207

Cr.P.C., framing of charges, questioning under Section 313

Cr.P.C. and on the day on which judgment is to be pronounced.

However, if for any particular reason, the presence of the

petitioner is necessary, the trial court, at its wisdom, shall

direct their appearance on those days. Consequently, connected

miscellaneous petitions, if any, are closed.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

sk

To

The IV Fast Track, Metropolitan Magistrate,

George Town, Chennai.

+4CC to M/s.O.M.Sai Ram, Advocate, Sr.No.52122,52123,52124,52125

+4CC to M/s.Surana & Surana, Advocate, Sr.No.52178, 52177,

52176, 52175

Crl.O.P.Nos.8406, 8408, 8409

& 8420 of 2018

and

Crl.M.P.Nos.3750, 3751, 3752 & 3753 of 2019

and 4358, 4359, 4360, 4361, 4362, 4363,

4377 & 4378 of 2018

AD(CO)

SB(17/11/2021)

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