O.Abdul Hameed v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Crl.O.P.No.14300 of 2010 1.O.Abdul Hameed 2.Zuhara ... Petitioners Vs.

State by Inspector of Police, W-8, All Women's Police Station, Thirumangalam, Chennai -40.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.829 of 2010 on the file of Chief Metropolitan Magistrate Court, Egmore, Chennai and quash the charge sheet filed as against the petitioners.

For Petitioner : Mr.S.Thanka Sivan For Respondents : Mrs.Saradha Devi.V Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.829 of 2010 on the file of Chief Metropolitan Magistrate Court, Egmore, Chennai and quash the charge sheet filed as against the petitioners. The case was listed today without EB.

2. The learned counsel appearing for the petitioner would submit that though the petitioner filed this petition to quash C.C.No.829 of 2010, pending before the Chief Metropolitan Magistrate, Egmore, during the pendency of the petition both the petitioners have married some other persons. Hence, he would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the Trial Court to https://hcservices.ecourts.gov.in/hcservices/

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 learned Chief Metropolitan Magistrate Court, Egmore, Chennai to expedite the trial in C.C.No.829 of 2010 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 dsa To 1.The Chief Metropolitan Magistrate Court, Egmore, Chennai.

2.The Inspector of Police, W-8, All Women's Police Station, Thirumangalam, Chennai -40.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Thanka Sivan, Advocate sr.102094 Crl.O.P.No.14300 of 2010 sj(co) nr 30/01/2020 https://hcservices.ecourts.gov.in/hcservices/