Loorthy Nathan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.29416 of 2011 and M.P.Nos 1 and 2 of 2011

1. Loorthu Nathan

2. Mary Nirmal @ Sakunthala

3. Edward Raja

4. Antony Ruban

5. Anitha

6. Punitha ... Petitioners Vs.

1. The state, represented by Inspector of police, All Women Police Station Vaniyambadi, Vellore District. ( Cr.No.2 of 2007)

2. Arokiya Mary ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.16 of 2008 on the file of District Munsif Court cum Judicial Magistrate, Vaniyambadi and quash the same as illegal.

For Petitioner : Mr.R.Sankara subbu For Respondent-1 : Mr.V.Saratha Devi Government Advocate(Crl side) P.E.Thamizhiniyan for R2

O R D E R

This criminal original petition has been filed seeking to call for the records in C.C.No.16 of 2008 on the file of District Munsif Court cum Judicial Magistrate, Vaniyambadi and quash the same.

2.The learned counsel appearing for the petitioners would submit that without going into the merits of the case, it would https://hcservices.ecourts.gov.in/hcservices/

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 first respondent concede to the request made by the learned counsel appearing for the petitioners.

4.In view of the above, this Court directs the District Munsif Court cum Judicial Magistrate, Vaniyambadi, to expedite the trial in C.C.No.16 of 2008 and complete the same as early as possible. The appearance of the petitioners before the Trial Court is dispensed with. 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 if necessary. 5.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar smn To 1.

The Inspector of police, All Women Police Station Vaniyambadi, Vellore District. ( Cr.No.2 of 2007) 2.

The District Munsif Court cum Judicial Magistrate, Vaniyambadi.

3.

The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to Mr.R.Sankara subbu, Advocate, S.R.No.105429 Crl.O.P.No.29416 of 2011 and M.P.Nos.1 and 2 of 2011 SKV(CO) CS/03/02/2020 https://hcservices.ecourts.gov.in/hcservices/