Sasikumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5763 of 2014 and M.P.No.1 of 2014 1.Sasikumar 2.Varadaraj 3.Periasamy 4.Elayaraja ... Petitioners Vs.

1. State Rep. By The Inspector of Police, District Crime Branch, Namakkal District

2. R.Duraisamy ... Respondents Prayer : Criminal Original petition filed under Section 482 Cr.P.C. to call for the records in relevant to the petitioners in connection with the proceedings in C.C.No.285 of 2013 on the file of Judicial Magistrate No.I, Namakkal and to quash the same.

For Petitioners: Mr.V.G.Anbarasu For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.K.V.Sridharan

O R D E R

The prayer sought for in the present Criminal Original Petition is to call for the records in relevant to the petitioners in connection with the proceedings in C.C.No.285 of 2013 on the file of Judicial Magistrate No.I, Namakkal and to quash the same.

2. The learned Additional Public Prosecutor would submit that trial has been commenced in this case and two witnesses have already been examined.

3.

It is seen that PW1 and PW2 have already been examined. Further there are specific allegations as against the petitioners to attract the charges as such this Court is not inclined to allow the prayer sought for by the petitioners.

4.

However considering the age of the second petitioner, the personal appearance of the second petitioner before the trial court is dispensed with and the second https://hcservices.ecourts.gov.in/hcservices/

petitioner shall be represented by a counsel after filing appropriate application. The second petitioner shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment. Further considering the case is of the year 2013, the learned Judicial Magistrate No.I, Namakkal is directed to complete the trial within a period of three months from the date of receipt of a copy of this Order. 5.

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

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

1. The Judicial Magistrate No.I, Namakkal

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

3.The Inspector of Police, District Crime Branch, Namakkal District +1cc to Mr.K.V.Sridharan , Advocate SR.No. 16086 +1cc to Mr.V.G.Anbarasu , Advocate SR.No. 15864 Crl.O.P.No.5763 of 2014 and M.P.No.1 of 2014 A.SK(19/03/2019) https://hcservices.ecourts.gov.in/hcservices/