Sampath v. Stat Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.2600 of 2024 and Crl.M.P Nos.1899 &1900 of 2024 1.Sampath 2.Pushpa 3.Murugan @ Muruganantham Petitioners vs.

1.State Rep. by: The Inspector of Police, Polur Police Station, Polur, Thiruvannamalai District.

Crime No.2424 of 2010 2.S.Anjala @ Kathayee Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet filed by the 1st respondent police, taken in P.R.C.No.25 of 2017 on the file of the Learned Judicial Magistrate Court, Polur, Tiruvannamalai district and quash the same in respect of the petitioners herein.

For Petitioner : Mr.M.Prabakar For Respondents : Mr.A.Gopinath Government Advocate

for R1

ORDER

This criminal original petition has been filed to call for the records pertaining to the charge sheet filed by the 1st respondent police, taken in P.R.C.No.25 of 2017 on the file of the Learned Judicial Magistrate Court, Polur, Tiruvannamalai district and quash the same in respect of the petitioners herein. 2.The report has been received from the learned Judicial Magistrate, Polur. It is seen that there are totally five accused persons in this case and summons had been served only insofar as A1 is concerned and he has appeared after the issuance of summons. The summons is yet to be served on A2 to A5 and the case is posted for hearing on 06.03.2024 with a direction to serve summons to A2 to A5.

The Court below has also directed the Superintendent of Police, Thiruvannamalai and Deputy Superintendent of Police, Polur to instruct the Inspector of Police to serve the summons on the accused persons. It is therefore clear that except A1, other accused persons have not appeared before the Court. In view of the same, there is absolutely no progress in this case. 3.

and it shall be ensured that they are present before the Court in order to enable the Court to serve them the copies and to commit the case before the Sessions Court. This process shall be completed, within a period eight weeks from the date of receipt of copy of this order. The committal shall take place, within this period. The Sessions Court shall complete the proceedings, within a period of six months thereafter.

4.This criminal original petition is disposed of in the above terms. Consequently, connected miscellaneous petitions are closed. 26.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To 1.The Judicial Magistrate Court, Polur, Tiruvannamalai District. 2.The Inspector of Police, Polur Police Station, Polur, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, J.

ssr Crl.O.P No.2600 of 2024 and Crl.M.P Nos.1899 &1900 of 2024 26.02.2024