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Madras High CourtCRL OP/28427/2011dismissed

Mr.S.Rajashekar Reddy v. The Inspect Or Of Police

2018-07-05Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.28427 of 2011 and M.P.Nos.1 and 2 of 2011

1. Mr.S.Rajashekar Reddy

2. Mr.R.Rohit Reddy ... Petitioners - Vs - State represented by The Inspector of Police, K2 Ayanavaram Police Station, Chennai-600 023.

Crime No.1506/2011 ... Respondent Prayer : This Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the First Information Report (FIR) for the offence under Sections 406, 420, 392 and 506(ii) of I.P.C., against the petitioners herein in Crime No.1506/2011 on the file of the V Metropolitan Magistrate Court, Egmore, Chennai. For Petitioners : No Appearance For Respondents : Ms.V.Saratha Devi Govt. Advocate (Crl.Side)

ORDER

When the matter was taken up for hearing on 04.07.2018, there was no representation for the petitioners. Therefore, this case was posted today under the caption for dismissal. Even today, there is no representation for the petitioners.

2. This petition is filed by the petitioners seeking to quash the case in Crime No.1506 of 2011 pending on the file of the respondent police for the offence under Sections 406, 420, 320, and 506(ii) of I.P.C.

3. The learned Government Advocate represents that the investigation in the above case is completed and Charge Sheet has been filed on 24.10.2017 before the V Metropolitan Magistrate Court, Allikulam, Chennai. The learned Magistrate has https://hcservices.ecourts.gov.in/hcservices/

taken the above case on file and assigned C.C.No.8195 of 2017. The petitioners herein are shown as A1 and A2. Summons have been issued and the case stands posted for fresh summons on the accused for their appearance on 21.08.2018.

4. It could be seen from the records that though both the accused are residing in Chennai, for some reason or other they would not be served summons. The case is of the year 2011 and it had taken considerable time for the respondent to file charge sheet. Hence, the trial court is directed to take effective coercive steps to seek the presence of the accused in the above case and on appearance of the accused, the trial court is directed to conclude the trial as expeditiously as possible, within a period of six months from the date of receipt of a copy of this order.

5. With the above, nothing survives in this Petition for further adjudication. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar ssn To

1. The Inspector of Police, K2 Ayanavaram Police Station, Chennai-600 023.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.28427 of 2011 and M.P.Nos.1 and 2 of 2011 SVI(CO) GN(23/07/2018) https://hcservices.ecourts.gov.in/hcservices/