Madras High CourtCRL OP(MD)/182/2020dismissed

Esai Kumar v. The Inspector Of Police

2020-01-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.182 of 2020 and Crl.M.P.(MD)Nos.55 and 56 of 2020

1. Esaikumar

2. M.Kumar : Petitioners/Accused No.1 & 2 Vs.

1.The Inspector of Police, Courtallam Police Station Tirunelveli District : 1st Respondent / Complainant 2.Chitra : 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the impugned charge sheet in C.C.No.179/2018 on the file of the Judicial Magistrate Court, Shencottai, in Crime No.30/2018 on the file of the Respondent No.1 alleged offence U/ss. 448, 294(b), 506(1) of IPC and Section 4 of TNPHW Act and quash the same.

For Petitioners : Mr.I.Pinaygash For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.179 of 2018 on the file of the Judicial Magistrate Court, Shencottai.

2.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case with oblique motive. The respondent police conducted the investigation in a mechanical manner and filed the charge sheet as against the petitioners and hence, sought for quashment of the proceedings.

3. The learned Additional Public Prosecutor would submit that the case is posted for appearance of accused on 20.01.2020 and there are seven witnesses in this case.

4. At this juncture, the learned counsel appearing for the petitioners are already selected for Government Post and there shall be a direction to the trial court to complete the trial as expeditiously as possible.

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5.Accepting the said submission of the learned counsel for the petitioner, there shall be a direction to the learned Judicial Magistrate Court, Shencottai to complete the trial within a period of two months from the next hearing date.

6.Accordingly, this Criminal Original Petition dismissed. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Judicial Magistrate, Shencottai 2.The Chief Judicial Magistrate, Tirunelveli 3.The Inspector of Police, Courtallam Police Station Tirunelveli District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.I.PINAYAGASH, Advocate ( SR-795[F] dated 08/01/2020 ) Crl.O.P.(MD)No.182 of 2020 and Crl.M.P.(MD)Nos.55 and 56 of 2020 08.01.2020 sma/20/01/2020/2p/6c https://hcservices.ecourts.gov.in/hcservices/