Madras High CourtCRL OP/24259/2013disposed of

R.Karunakaran v. The Inspector Of Police

2020-01-09Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.24259 to 24261 of 2013 and M.P.Nos.1, 1, 1 of 2013 in Crl.O.P.Nos.24259 to 24261 of 2013 R.Karunakaran ... Petitioner in all the Crl.O.P.s Vs.

1.The Inspector of Police, R6 Kumaran Nagar Police Station, Jafferkhanpet, Chennai - 600 015 ... 1st Respondent in all the Crl.O.P.s 2.Asaithambi ... 2nd Respondent in Crl.O.P.24259/13 2.Latha ... 2nd Respondent in Crl.O.P.24260/13 2.A.Sarathy ... 2nd Respondent in Crl.O.P.24261/13 PRAYER IN Crl.O.P.No.24259 of 2013: Petition filed under Section 482 of Cr.P.C., seeking to quash the charge sheet filed by the respondent police in CC.No.5859 of 2011 pending on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai - 600 015 lodged by the respondent against the petitioner. PRAYER IN Crl.O.P.No.24260 of 2013: Petition filed under Section 482 of Cr.P.C., seeking to quash the charge sheet filed by the respondent police in CC.No.

5860 of 2011 pending on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai - 600 015 lodged by the respondent against the petitioner. PRAYER IN Crl.O.P.No.24261 of 2013: Petition filed under Section 482 of Cr.P.C., seeking to quash the charge sheet filed by the respondent police in CC.No.5962 of 2011 pending on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai - 600 015 lodged by the respondent against the petitioner. For Petitioner : Mr.M.Aravind Subramaniam For Respondents: Mr.C.Iyyapparaj, A.P.P. For R1 Mr.Vimal & Crimson for R2.

C O M M O N O R D E R These criminal original petitions have been filed seeking to quash the charge sheet filed by the respondent police in CC.Nos.5859, 5860 and 5962 of 2011 pending on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai - 600 015 lodged by the respondent against the petitioner.

2.The learned counsel appearing for the petitioner 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 petitioner before the Trial Court may be dispensed with and would further submit that the petitioner is 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 petitioner.

4.In view of the above, this Court directs the learned XXIII Metropolitan Magistrate, Saidapet, Chennai - 600 015, to expedite the trial in CC.Nos.5859, 5860 and 5962 of 2011 and complete the same as early as possible. The appearance of the petitioner 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 petitioner 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, these criminal original petitions are disposed of.

Consequently, connected miscellaneous petitions, are closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar To 1.The learned XXIII Metropolitan Magistrate,Saidapet Egmore, Chennai - 8.

2. Do thro The Chief Metropolitan Magistrate Egmore, Chennai 8.

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

+3 CCS to Mr.M.Aravind Subramaniam, Advocate sr 2603 to 2605. Crl.O.P.Nos.24259 to 24261 of 2013 KK(CO) SP(11/02/2020)