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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.
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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.
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In view of the above, the present Criminal Original Petition stands
dismissed.
08.04.2019
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
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G.K.ILANTHIRAIYAN, J
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Crl.OP.No. 25388 of 2018
08.04.2019
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