Madras High CourtCRL OP/22357/2014disposed of

Stalin, Age 36 Years (A1) v. The Inspector Of Police

2020-02-21Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.Stalin 2.Senthamilarasan 3.Thenarasu 4.Aasaimugam 5.Tamilarasu ... Petitioners Vs.

Inspector of Police, C2 Periapalayam Police Station Thiruvallur District.

Crime No.247/2013.

... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records relating to PRC No.12/2013 on the file of the Hon'ble District Munsiff cum Judicial Magistrate Court, Uthukottai and quash the same. For Petitioners : Mr.Durai Gunasekaran For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking to call for the records relating to PRC No.12 of 2013 on the file of the District 1/4

Munsiff cum Judicial Magistrate Court, Uthukottai and to quash the same.

2.The learned counsel appearing for the petitioners would submit that though there are several arguable points in this petition, it would suffice, if this Court, without going into the merits of the case, issues direction to the Trial Court to expedite the trial and complete the same as early as possible. He would further submit that the petitioners may be permitted to raise all the issues before the Trial Court. He would further submit that the appearance of the petitioners before the Trial Court may be dispensed with and would further submit that the petitioners are ready to appear as and when necessary arise. 3.The learned Additional Public Prosecutor concede to the request made by the learned counsel appearing for the petitioners. 4.In view of the above, this Court directs the District Munsiff cum Judicial Magistrate Court, Uthukottai, to expedite the trial in PRC No.12 of 2013 and complete the same, as early as possible. The petitioners are permitted to raise all the issues before the Trial Court. The appearance of the petitioners before the Trial Court is dispensed 2/4

with. However, this order will not stand on the way of the Trial Court to insist for the appearance of the petitioners for receiving copies under Section 207 of Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. and judgment and as and when the Trial Court feels it necessary.

5.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petition, if any, is closed.

21.02.2020 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Munsiff cum Judicial Magistrate Court, Uthukottai.

2.The Inspector of Police, C2 Periapalayam Police Station Thiruvallur District.

Crime No.247/2013.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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M.DHANDAPANI,J.

pri 21.02.2020 4/4