Madras High CourtCRL OP/25846/2014dismissed for nonprosecution

P.Stanley Buck, v. The Inspector Of Police

2019-12-11Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P.No.1 of 2014 1.P.Stanley Buck 2.P.Sethuammal 3.Dr.(Major) S.B.Tilak Vijayakumar 4.Dr.S.B.Rena Rosalind ... petitioners Vs.

1.State represented by The Inspector of Police, Karunya Nagar Police Station, (Crime No.52 of 2007) Coimbatore District.

2.M.John Britto ... Respondents PRAYER: Petition filed under Section 482 of Cr.P.C., seeking to call for the records and quash the case in C.C.210 of 2011 in the court of the Judicial Magistrate No.5, Coimbatore in Crime No.52 of 2007 on the file of the 1st respondent.

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For Petitioners : Mr.G.Saravanan For Respondents : Mr.C.Iyyapparaj, Additional Public Prosecutor for R1

O R D E R

These criminal original petition has been filed eeking to call for the records and quash the case in C.C.No.210 of 2011 in the court of the Judicial Magistrate No.5, Coimbatore in Crime No.52 of 2007 on the file of the 1st respondent.

2.The learned counsel appearing for the petitioners would submit 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 would further submit that the petitioners are ready to appear as and when necessary arise. The learned counsel for the petitioners would also submit that the 1st petitioner died.

3.The learned counsel appearing for the first respondent concede to the request made by the learned counsel appearing for the petitioners. 2/4

4.In view of the above, this Court directs the learned Judicial Magistrate No.5, Coimbatore, to expedite the trial in C.C.No. 210 of 2011 and complete the same as early as possible. The appearance of the petitioners before the Trial Court is dispensed 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 as against the petitioners 2 to 4. The Criminal Original Petition is abated as regards the 1st petitioner since it is represented that the 1st petitioner died. Consequently, connected miscellaneous petition is closed. 10.12.2019 dsa Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

M.DHANDAPANI,J.

dsa To 1.The learned Judicial Magistrate No.5, Coimbatore. 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

and M.P.No.1 of 2014 10.12.2019 4/4