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Madras High CourtCRL OP(MD)/1636/2023disposed of

A.Mujibur Rahman v. The Inspector Of Police

2023-02-02Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD) Nos.1449 and 1452 of 2023

1. A.Mujibur Rahman,

2. U.Jafferali,

3. Akbar Sheriff @ Kaima Akbar,

4. Nagoor Meeran,

5. M.Bayas, : Petitioners Vs

1. The Inspector of Police, B-1 Vilakkuthoon Police Station (L and O), Madurai City, in Crime No. 864/2010.

2. A.Muthukumar, Special Sub Inspector of Police, B-1 Vilakkuthoon Police Station, (L and O), Madurai City.

: Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the C.C No. 71 of 2011 on the 1/5

file of the learned Judicial Magistrate No.I, Madurai and quash the same. For Petitioners : Mr.M.Seenisulthan For R1 : Mr.M.Muthumanikkam Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking to quash the charge sheet in C.C No. 71 of 2011 on the file of the learned Judicial Magistrate No.I, Madurai.

2.The learned Counsel appearing for the petitioners would submit that the first accused is having several previous cases and that originally, the case as against the first accused was ordered to be split up and the same is pending in C.C.No.137 of 2012 before the jurisdictional Court. 3.The learned Government Advocate (Crl.Side) would submit that the trial in C.C.No.71 of 2011 has already been commenced and that there are totally seven witnesses, out of which, four witnesses were already examined and the case stands posted for examination of the investigating officers. 2/5

4.It is pertinent to mention that the case is pending from the year 2011 onwards.

5. The learned Counsel appearing for the petitioners would submit that it would be suffice if the trial Court is directed to complete the trial and dispose of the case, within a time stipulated by this Court. 6.Considering the above facts and circumstances and also the fact that the case is pending from the year 2011 and the limited prayer now sought for, the trial Court is directed to complete the trial and dispose of the case, within a period of two months from the date of receipt of a copy of this order. 7.With the above direction, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions are closed. 02.02.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No lr 3/5

To

1. The Judicial Magistrate No.I, Madurai 2.The Inspector of Police, B-1 Vilakkuthoon Police Station (L and O), Madurai City,

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR , J.

lr 02.02.2023 5/5