Venkatesan, M/A45 Yrs, v. The State Rep.By Inspector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.4027 of 2014 and M.P.No.1 of 2014 1.

Venkatesan 2.

Lakshmiammal @ Pattu 3.

Jamuna 4.

Shanti 5.

Jaganathan 6.

R.S.Sridhar ... Petitioners/Accused 1 to 6 Vs.

1.The State, Represented by its The Inspector of Police, D.C.B. Vellore, Vellore District. ... R1/Complainant 2.Gridharan ... R2/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records relating to the C.C.No.24 of 2013 pending on the file of the Judicial Magistrate No.II, Vellore and quash the same as illegal.

For Petitioners: Mr.M.Rajendran For Respondents For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.24 of 2013 pending on the file of the Judicial Magistrate No.II, Vellore, thereby having been taken cognizance for the offences punishable under Sections 465, 467, 468, 471,420 and 384 r/w 211 of IPC and 120(b) of IPC.

2. The learned Additional Public Prosecutor would submit that totally there are six accused in this case and the petitioners are arraigned as A1 to A6. The proceedings is still pending and the next hearing date of the case is on 22.02.2019. https://hcservices.ecourts.gov.in/hcservices/

3. It is seen that when the matter was posted on 28.02.2014 "For Admission", there was no representation on behalf of the petitioners and the matter was adjourned by one week. Thereafter, for the past five years, the learned counsel has not taken any steps to list the matter. It shows that the petitioners have no interest to pursue the matter. Further it is pending for more than five years without even ordering notice. Now after the lapse of five years period, this petition cannot be considered and this Court is not inclined to entertain this petition.

4. However, considering the facts and circumstance of the case and also the submission made by the learned Additional Public Prosecutor, the trial Court is directed to complete the trial proceedings within a period of three months from the date of receipt of a copy of this Order.

5. With the above direction, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rts To

1. The Judicial Magistrate Court -II, Vellore.

2.Do- Thro' The Chief Judicial Magistrate, Vellore.

3.

The Inspector of Police, D.C.B. Vellore, Vellore District.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.4027 of 2014 and M.P.No.1 of 2014 ev[co] srg 23/04/2019 https://hcservices.ecourts.gov.in/hcservices/