George v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).Nos.1245 & 1246 of 2015 and MP(MD).Nos.1,1,2 and 2 of 2015 1.George 2.Josepha@Jose 3.Stephen 4.Rajeswaran @Rajasekar 5.Selvaraj 6.Santhosh 7.Manikandan 8.John Raj@John 9.Sanny 10.Rajan 11.Revi 12.Sasi 13.Pappa 14.Selvam@ Chellam 15.Mallika 16.Usha 17.Raja Sulochana @Sulochana 18.Ramani 19.Kala 20.Mary 21.Jiji@Jiju 22.Anil Kumar 23.Shalin Raj 24.Prasanth 25.Baby Saroja 26.Kamala Bai 27.Pushparaj 28.Rajan 29.Saji 30.Sujin

...Petitioners in both Crl.O.Ps.

Vs 1.The State represented through The Inspector of Police Kaliyakkavilai Police Station Kanyakumari District ....1st Respondent/Complainant in both Crl.O.Ps 2.Satheeskumar ... 2nd Respondent/Defacto Complainant in Crl.O.P(MD).No.1245 of 2015

3.Aruldoss ... 2nd Respondent/Defacto Complainant in Crl.O.P(MD).No.1246 of 2015 COMMON PRAYER: These Criminal Original Petitions have been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the Charge Sheet in P.R.C.Nos.50 and 51 of 2014 on the file of the Judicial Magistrate No.I, Kuzhithurai and quash the same.

For Petitioners : Mr.S.Kameswaran in both the petitions For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) in both the petitions C O M M O N O R D E R These criminal original petition have been filed to call for the records relating to the Charge Sheet in P.R.C.Nos.50 and 51 of 2014 on the file of the Judicial Magistrate No.I, Kuzhithurai and quash the same.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent.

3.Though the learned counsel for the petitioners raised several grounds for quashing the proceedings in P.R.C.Nos. 50 & 51 of 2014, he submitted that it would suffice, if a direction is issued to the trial Court to complete the trial within a time limit that may be stipulated by this Court and also to permit the petitioners to raise all the grounds raised in this petition before the trial Court. Further, he requested the appearance of the petitioners may be dispensed with before the Trial Court. 4.In the light of the above said submissions of the learned counsel appearing for the petitioners, this Court, without going into the merits of the case, directs the learned Judicial Magistrate No.I, Kuzhithurai to complete the trial in P.R.C.Nos. 50 and 51 of 2014, within a period of six months from the date of receipt of a copy of this order. The personal appearance of the petitioners before the trial Court is dispensed with, except the dates of hearing, on which, the learned Judicial Magistrate insisted upon the petitioners to appear before the Court.

5.Accordingly, these Criminal Original Petitions are dismissed. Consequently, connected Miscellaneous Petitions are closed.

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS-I)

To 1.The Judicial Magistrate No.I Kuzhithurai 2.The Inspector of Police Kaliyakkavilai Police Station Kanyakumari District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +2cc to Mr.S.Kameswaran, Advocate, SR.No. 90039,90040 Crl.O.P.(MD).Nos.1245 & 1246 of 2015 and MP(MD).Nos.1,1,2 and 2 of 2015 10.10.2018 MSA KK/RP/SAR-1/22.11.2018/3P-6C