SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

M. Srinivasan vs R. Balakrishnan on 8 April, 2019

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.OP.No. 25388 of 2018

M. Srinivasan …Petitioner

-Vs-

R. Balakrishnan ..Respondent

Prayer: Criminal Original Petitions filed under Section 482 of Cr.PC to set
aside the common order dated 23.07.2018 passed in Crl.MP.No. 881 of 2018
in C.c. NO. 7537 of 2004 by the learned XI Metropolitan Magistrate, Saidapet,
Chennai

For Petitioner : M/s. Govind Chandrasekhar
For Respondent : Mr.M.Sivavarthanan

ORDER

The prayer sought for in the present petition is to set aside the

common order dated 23.07.2018 passed in Crl.MP.No. 881 of 2018 in C.c.

NO. 7537 of 2004 by the learned XI Metropolitan Magistrate, saidapet,

Chennai

2. Heard both sides and perused the documents available on record.

http://www.judis.nic.in
2

3. It is seen that the petitioner was holding the position as Advisor

and Co-Trustee of Sri Prasanna Venkata Narasimha Perumal Temple at

Saidpet till April 2001 and presently he is the Secretary of the Association

viz., Balija Chett Association. The complainant has lodged a complaint

against the respondent herein and others alleging misappropriations of

amount of Rs.60,00,000/- belonging to the said temple. The said complaint

was registered in Crime No. 719 of 2001 for the offences under Section

420,Section423, Section465, Section471 of IPC and under Section 406 IPC r/w. 120(B) SectionIPC and the

same pending trial in C.C. No. 4133 of 2004 on the file of the learned XI

Metropolitan Magistrate, Saidapet.

4. In the said complaint the petition has filed a Petition in CMP. No.

881 of 2018 under Section 31 I Cr.PC to recall the PW1 for further

examination. The trial Court by observing that the the petitioner even after 14

years fromthe date of institution of case, the list of proposed witnesses from

the side of the complainant has not been finalised and it is not inconsonance

with the concept of speedy trial has dismissed the said petition. To set aside

the said order passed by the trial Court, the present petition has been filed.

5. Considering the facts and circumstances of the case, this Court is of

the view that the trail Court has rightly disposed of the petition filed by the

petitioner under Section 311 Cr.PC, which has been filed after 14 years.

There is no irregularity or infirmity in the order passed by the trial Court.
http://www.judis.nic.in
3

In view of the above, the present Criminal Original Petition stands

dismissed.

08.04.2019

Internet: Yes
Index : Yes/No
Speaking/Non Speaking order

ak

http://www.judis.nic.in
4

G.K.ILANTHIRAIYAN, J

ak

Crl.OP.No. 25388 of 2018

08.04.2019

http://www.judis.nic.in

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation