Madras High CourtCRL OP/23140/2021disposed of

Ramasamy v. State Rep By

2023-04-12Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P.No.12678 of 2021 1.Ramasamy 2.Arumugam

...Petitioners/ 2nd & 3rd Accused

-Vs1.The State rep.by Inspector of Police, Thiruvennainallur Police Station, Villupuram District.

(Crime No.340 of 2012) .. 1st respondent / Complainant 2.R.Perumal ... 2nd respondent / De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to the proceedings in C.C.No.9 of 2014 on the file of the Judicial Magistrate Court - II, Ulundurpet and to quash the same.

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For Petitioner : Mr.C.V. Kumar For R1 : Mr.S. Balaji, Government Advocate (Crl. Side) For R2 : No appearance

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.9 of 2014 on the file of the Judicial Magistrate Court - II, Ulundurpet, filed for the offences under Sections 294(b), 323 and 506(i) IPC.

2.The learned counsel for the petitioners submitted that, it would suffice that if a direction is issued to the learned Judicial Magistrate - II, Ulundurpet, to expedite the trial, since the trial is pending for the past nine years and A1 is not appearing before the Court. 3.Since the case is pending from the year 2014 and the petitioners herein are senior citizens, this Court directs the learned Judicial Magistrate - II, Ulundurpet, to expedite the trial and complete it within a period of two months from the date of receipt of a copy of this order. 2/4

Even if the summons is not served on A1, the learned Judicial Magistrate - II, Ulundurpet, is directed to take such further action in accordance with law to split up the case and conduct the trial against the petitioners herein within the time stipulated.

4.With the above observations, this Criminal Original Petition is disposed of. Consequently, connected Criminal Miscellaneous Petition is closed.

12.04.2023 smv Index : Yes/No Speaking order: Yes/No Note:- Issue order copy on 17.04.2023 To, 1.The Inspector of Police, Thiruvennainallur Police Station, Villupuram District.

2.The Judicial Magistrate Court - II, Ulundurpet. 3.The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN,J.

smv and Crl.M.P.No.12678 of 2021 12.04.2023 4/4