H.Thiyagarajan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.4681 of 2010 and M.P.No.1 of 2010 1.H.Thiyagarajan 2.A.Ramu

...Petitioners

Vs.

1.State represented by Inspector of Police, Kotagiri Police Station, Kotagiri, The Nilgiris.

2.Mariamal ....Respondents Petition for modification under Section 482 of Cr.P.C., praying to call for the entire records relating in C.C.No.77 of 2009 pending on the file of the Learned Judicial Magistrate, Kotagiri and quash the same.

For Petitioner : Mr.A.Bobblie For Respondents : Mr.C.Iyyapparaj, APP for R-1 No Appearance for R-2

O R D E R

The present petition has been filed for quashment of C.C.No. 77/08, pending on the file of the Learned Judicial Magistrate, Kotagiri.

2. Though very many grounds have been raised, however, when the matter was taken up, learned counsel appearing for the petitioners submits 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 petitioners before the Trial Court may be dispensed with and that they would appear before the trial court as and when necessary arise.

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3. On the above submission, this Court heard the learned Addl. Public Prosecutor appearing for the 1st respondent, who fairly concedes to the said request made by the learned counsel appearing for the petitioners.

4. In such view of the matter, this criminal original petition is disposed of directing the learned Judicial Magistrate, Kotagiri to expedite the trial in C.C.No. 77 of 2009 and complete the same as early as possible. Further, taking into consideration the request as made by the learned counsel for the petitioners, the appearance of the petitioners before the trial court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners is necessary, the trial court, as its wisdom, shall direct their appearance on those days. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kkn/GLN To:-

1. The Judicial Magistrate, Kothagiri.

2.The Inspector of Police, Kotagiri Police Station, Kotagiri, Nilgiris.

3.The Additional Public Prosecutor, High Court, Madras.

+1cc to M/s.A.Bobblie, Advocate Sr.104940 Crl.O.P.No.4681 of 2010 rr[co] srg 01/10/2020 https://hcservices.ecourts.gov.in/hcservices/