Madras High CourtCRL OP(MD)/4093/2019dismissed

Kumaravel, S/O.Chellappa v. The Inspector Of Police,

2019-03-27Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4093 of 2019 and Crl.M.P.(MD)Nos.2448 and 2449 of 2019 1.Kumaravel 2.Kanthasamy 3.Moorthy : Petitioners Vs.

1.State through The Inspector of Police, Kallimanthaiyam Police Station, Dindigul District. :Respondent No.1/Defacto Complainant 2.Veerathal : Respondent No.2/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records connected with the proceedings in C.C.No.525 of 2016 on the file of the Judicial Magistrate Court, Oddanchandram and quash the same as illegal. For Petitioner : Mr.R.Alagumani For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

The present petition is filed to quash the proceedings in C.C.No.525 of 2016 on the file of the Judicial Magistrate Court, Oddanchandram.

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

3. As per the final report, the accused persons face charges for the offence under Sections 341, 294, 323, 324 and 506(ii) IPC.

4. The learned counsel for the petitioner submitted that both the case as well as the final report are fictitious and so artificial.

5. The learned Government Advocate submitted that eight witnesses have been cited by the prosecution and the trial itself is scheduled to commence on 10.04.2018 and that summons have been issued for L.Ws.1 to 4.

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6. Inasmuch as the trial is scheduled to be commenced, this Court only urges the trial Court to complete the entire process of trial within a period of two months from 10.04.2019. In conclusion, this Court does not find any merit in this petition and the same is dismissed. However, the Court dispense with the appearance of the petitioners unless their presence is required by the trial Court. It is however will not apply to them not to appear before the trial Court on 10.04.2018 on which date the trial is scheduled to be commenced.

4. With the above direction, this criminal original petition is disposed of. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate Court, Oddanchandram.

2.The Inspector of Police, Kallimanthaiyam Police Station, Dindigul District.

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

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-57583[F] dated 28/03/2019 ) Crl.O.P.[MD]No.4093 of 2019 27.03.2019 DS:07/05/2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/