Madras High CourtCRL OP/26825/2012disposed of

R.Velmurugan v. The Station House Officer

2019-12-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2019

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P. No.26825 of 2012 and Crl.M.P.No.1 of 2012 1.R.Velmurugan 2.K.Suresh 3.R.Kolanji 4.M.Karpagavalli 5.M.Ramanathan ... Petitioners/Accused 1 to 5 .vs.

1.The Station House Officer, All women Police Station, Vriddhachallam, Cuddalore District.

..1st Respondent/Complainant 2.Bhavani ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for entire records relating to the Charge sheet No.06 of 2012 pending on the file of the Court of Judicial Magistrate No.II, Vriddhachalam concerned in Crime No.18 of 2011 on the file of the first respondent and quash the same and allow this Criminal Original Petition.

For Petitioners : Mr.N.S.Sivakumar For Respondents : Mr.Iyyapparaj Additional Public Prosecutor for R1 No appearance for R2

ORDER

This criminal original petition has been filed seeking to call for entire records relating to the Charge sheet No.06 of 2012 pending on the file of the Court of Judicial Magistrate No.II, Vriddhachalam concerned in Crime No.18 of 2011 on the file of the first respondent and quash the same. https://hcservices.ecourts.gov.in/hcservices/

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.The learned counsel appearing for the respondents concede to the request made by the learned counsel appearing for the petitioners.

4.In view of the above, this Court directs the learned Judicial Magistrate No.II, Vriddhachalam, to expedite the trial in Charge sheet No.06 of 2012 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.

5.With the above directions, this criminal original petition is disposed of.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar tta To, 1.The Station House Officer, All women Police Station, Vriddhachallam, Cuddalore District.

2.The Judicial Magistrate No.II, Vriddhachalam, Cuddalore District.

3.Do thro the Chief Judicial Magistrate,Cuddalore +1cc to Mr.N.S.Sivakumar , Advocate SR.No. 106402 Crl.O.P. No.26825 of 2012 and Crl.M.P.No.1 of 2012 A.SK(31/01/2020) https://hcservices.ecourts.gov.in/hcservices/