Madras High CourtCRL OP/33740/2013disposed of

Marthandam v. The Inspector Of Polcie

2020-02-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.33740 of 2013 and MP.No. 1 of 2013 1.Marthandam 2.P.Allimuth 3.A.Arul Mozhi

...Petitioners/Accused

.Vs.

1.State rep by The Inspector of Police, District Crime Branch, Villupuram District, C.C.No.9 of 2008

...Respondent/Complainant

2.D.Paramasivam ...2nd Respondent (2nd respondent is impleaded on per the order of this Court dated 10.07.2017 made in Crl.MP.No.8566/20178 in Crl.OP.33740/2013) Prayer: Petition filed under Section 482 of Cr.P.C., seeking to call for the records and quash the C.C.No.9/2008 on the file of Judicial Magistrate, Ulundurpet, Villupuram District and quash the same.

For Petitioners :

Mr.R.Anandhababu For Respondent :

Mrs.V.Saradha Devi, GA (Crl.side)

ORDER

This criminal original petition has been filed seeking to call for the records in C.C.No.9/2008 on the file of Judicial Magistrate, Ulundurpet, Villupuram District and quash the same. 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 that entire amount has been settled in favour of the defacto complainant. However, prayer is made to permit the petitioner to raise all the issues https://hcservices.ecourts.gov.in/hcservices/

including settlement to the defacto complainant before the trial court and 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. 3.The learned counsel appearing for the first respondent concedes to the request made by the learned counsel appearing for the petitioners.

4.In view of the above, this Court directs the learned Judicial Magistrate, Ulundurpet, Villupuram District, to expedite the trial in C.C.No.9/2008 and complete the same as early as possible. The appearance of the petitioners before the Trial Court is dispensed with, except for their appearance for receiving copies under Section 207 of Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. and on the day of judgment. The trial Court, at its wisdom may direct the appearance of the petitioners as and when necessary for the expediouts conduct of trial.

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 The learned Judicial Magistrate, Ulundurpet, Villupuram District.

The Public Prosecutor, High Court, Madras.

The Inspector of Police District Crime Branch Villupuram District Crl.O.P.No.33740 of 2013 and MP.No. 1 of 2013 SVI(CO) RN(26/06/2020) https://hcservices.ecourts.gov.in/hcservices/