Madras High CourtCRL OP/25631/2013disposed of

Raja Mohamed v. Vasila Banu

2020-01-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.25631 of 2013 and Crl.M.P.Nos.1 & 2 of 2013 1.Raja Mohamed 2.Abibulla 3.Najmunnisha 4.ilofarnisha ... Petitioners Vs.

1.Vasila Banu 2.Mohamed Rabik, M/4 years, S/o.Rajamohamed, Rep. by her mother Vasila Banu/1st respondent. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the proceedings pending in DVA No.10 of 2013 on the file of the learned Judicial Magistrate No.2, Tirupur and quash the same.

For Petitioners : M/s.M.Vijayakumaran For Respondents : M/s.C.Ramkumar

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.A.No.10 of 2013, pending on the file of the Judicial Magistrate No.II, Tiruppur. 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 petitioner 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 https://hcservices.ecourts.gov.in/hcservices/

petitioners.

4.In view of the above, this Court directs the learned Judicial Magistrate No.II, Tiruppur, to expedite the trial in DVA.No.10 of 2013 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, connected miscellaneous petitions, if any, are closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar vv2 To 1.The Judicial Magistrate No.II, Tirupur.

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

Crl.O.P.No.25631 of 2013 RSV(CO) CB(20/02/2020) CB(09/03/2020) https://hcservices.ecourts.gov.in/hcservices/