N.Sainathan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.26678 of 2013 and MP.No. 1 of 2013 1.N.Sainathan, 2.Jayasudha

...Petitioners

Vs.

1. Inspector of Police, Anti Land Grabbing Cell, District Crime Branch, Cuddalore

...Respondent/Complainant

2. N.Venkatesan

...Respondent/

defacto complainant Prayer: Petitions filed under Section 482 of Cr.P.C., seeking to call for the records in C.C.NO.128/12 on the file of Judicial Magistrate-II, Chidambaram, Cuddalore district and quash the same.

For Petitioners : Mr.N.Ramesh For Respondents :. Mrs. V.Saratha Devi, GA (crl.side) for R1 : Mr.Prakash Adiapadam, Legal Aid counsel for R2

ORDER

This criminal original petition has been filed seeking to call for the records in C.C.NO.128/12 on the file of Judicial Magistrate-II, Chidambaram, Cuddalore district 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 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 https://hcservices.ecourts.gov.in/hcservices/

before the Trial Court may be dispensed with and would further submit that the petitioners are ready to appear as and when necessary.

3.The learned Government Advocate (criminal side) appearing for the respondent concede to the request made by the learned counsel appearing for the petitioner.

4.In view of the above, this Court directs the learned Judicial Magistrate-II, Chidambaram, Cuddalore, to expedite the trial in C.C.NO.128/2012 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, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jrs To 1.The Judicial Magistrate-II, Chidambaram, Cuddalore 2.The Inspector of Police, Anti Land Grabbing Cell, District Crime Branch, Cuddalore.

3.The Chief Judicial Magistrate, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Ramesh, Advocate, S.R.No.10762 +1cc to Mr.Prakash Adiapadam, Advocate, S.R.No.11253 Crl.O.P.No.26678 of 2013 and MP.No. 1 of 2013 SPD(CO) KKV/07/08/2020 https://hcservices.ecourts.gov.in/hcservices/