Mahendra Varman @ Surendeer v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7444 of 2016 And Crl.M.P.No.3925 of 2016 Mahendra Varman @ Surendeer ... Petitioner Vs.

1. State Represented by Inspector of Police E-1, Mahabalipuram Police Station, Kancheepuram District.

Crime No.372 of 2014

2. Nithyanand ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in P.R.C.No.59 of 2014 pending on the file of learned Judicial Magistrate, Thirukazhukundran, Kancheepuram District and quash the proceedings.

For Petitioner : Mr.S.Suresh For Respondents : Mr.C.Emalias for R1 Additional Public Prosecutor

ORDER

The petitioners have come forward with this petition seeking to call for the records in P.R.C.No.59 of 2014 pending on the file of the learned Judicial Magistrate, Thirukazhukundran, Kancheepuram District for the offence punishable under Sections 448, 506(ii) of I.P.C. and under Section 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 and to quash the proceedings.

2.Heard the submissions made by the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

3.Though the petitioner has filed this petition to quash the proceedings, the learned counsel appearing for the petitioner at the time of advancing the arguments submitted that the petitioner wants earlier disposal of P.R.C.No.59 of 2014. 4.Hence, recording the submissions of the learned counsel appearing for the petitioner, this Court is of the view that it is a fit case for giving direction to learned Judicial Magistrate, Thirukazhukundran, Kancheepuram District. 5.The petitioner and his brother are the accused 1 and 2. So, the learned Judicial Magistrate, Thirukazhukundran, Kancheepuram District is directed to commit the case to the learned Principal District and Sessions Judge, Chengalpet District within a period of one month from the date of receipt of a copy of this order and on receipt of the same, the learned Principal District and Sessions Judge, Chengalpet District is directed to made over the case to the learned Assistant Sessions Judge, Chengalpet District to dispose of the case within a period of two months from the date of receipt of the committal order.

6.With the above observation, this Criminal Original Petition is disposed of.

Consequently, the connected miscellaneous petition is also closed.

pri s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Principal District and Sessions Judge, Chengalpet District.

2. The Assistant Sessions Judge, Chengalpattu.

3. The Judicial Magistrate, Thirukazhukundram, Kancheepuram District.

4.The Inspector of Police E-1, Mahabalipuram Police Station, Kancheepuram District.

Crime No.372 of 2014

5.The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.S.Suresh, Advocate SR 22054 nm(co) prk25/4 Crl.O.P.No.7444 of 2016 And Crl.M.P.No.3925 of 2016