Palanisami Gounder v. The Insector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No981 of 2013 and M.P.Nos. 1 &2 of 2013 Palanisami Gounder ...

Petitioner /A1 Vs.

1.The state rep.by, Inspector of Police, District Crime Branch, Tiruppur.

...

Respondent-1 /Complainant 2.V.S.Somasundaram ...

Respondent-2 /Defacto complainant 3.S.Vettri Vendhan S/o M.Somasundaram, Inspector of Police, Anti-Land grabbing Special Cell (DCB), Tiruppur.

4.K.Kirshnamoorthy, S/o Kuppusamy, Inspector of Police, Anti-Land grabbing Special Cell (DCB), Tiruppur.

...

Respondents 3 & 4/ Investigating Officer Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to quash the criminal case in C.C.No.547 of 2012 on the file of Judicial Magistrate-I at Tiruppur based on final report filed by the 4th respondent in Crime No.27/2011 on the file of 1st respondent dated 25.08.2012 for the alleged offences punishable under sections 409, 294(b), 506(i) and 420 of I.P.C against the petitioner and 3 others.

For Petitioner : Mr.V.Ayyadurai, Senior Counsel for P.Muthukomaarasaamy For Respondents: Mr.C.Iyyapparaj, APP for R1 : Mr. R.Mukunth for Savabhauman & Associates for R2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

This criminal original petition has been filed seeking to quash the criminal case in C.C.No.547 of 2012 on the file of Judicial Magistrate-I at Tiruppur based on final report filed by the 4th respondent in Crime No.27/2011 on the file of 1st respondent dated 25.08.2012 for the alleged offences punishable under sections 120(B) 406; r/w.34 of IPC 467; 468; 471, 420; 294(b) & 506(i) of I.P.C., against the petitioner and 3 others.

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 first 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-I at Tiruppur, to expedite the trial in C.C.No.547 of 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 direction, this criminal original petition is disposed of.

Consequently, connected miscellaneous petitions, if any, are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar jrs To 1.The Judicial Magistrate-I, Tiruppur 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to Mr.Sarvabhuman , Advocate SR.No. 5859 Crl.O.P.No.981 of 2013 and M.P.Nos. 1 &2 of 2013 A.SK(24/02/2020) https://hcservices.ecourts.gov.in/hcservices/