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Madras High CourtCRL OP(MD)/5096/2019dismissed

Dhas, v. The Sub Inspector Of Police

2019-04-15Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2019

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.5096 of 2019 & Crl.M.P.(MD)Nos.3186 & 3187 of 2019 1.Dhas, S/o.Singarajan 2.Pushpam, W/o.Dhas ... Petitioners/A1 & A3 Vs.

1. The State Rep. By The Sub-Inspector of Police, Arumanai Police Station, Kanyakumari.

(Crime No.84 of 2018) ... 1st Respondent/ Complainant

2. Ganesan, S/o.Muthusamy ... 2nd Respondent/ De-facto complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating in S.C.No.28 of 2019 on the file of the Chief Judicial Magistrate Court, Nagercoil, Kanyakumari District and quash the same as against the petitioners.

For Petitioners : Mr.S.C.Herold Singh For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in S.C.No.28 of 2019, on the file of the Chief Judicial Magistrate Court, Nagercoil, Kanyakumari District. 2.Though the learned counsel appearing for the petitioners raised several grounds for quashing the proceedings in S.C.No.28 of 2019 pending on the file of the Chief Judicial Magistrate Court, Nagercoil, Kanyakumari District, he submitted that it would suffice, if a direction is issued to the learned Chief Judicial Magistrate, Nagercoil, Kanyakumari District, 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.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Criminal side) appearing for the first respondent has also conceded to the submission of the learned counsel appearing for the petitioners.

4.In the light of the above said submission of the learned counsel for the petitioners, this Court without going into the merits of the case, directs the learned Chief Judicial Magistrate, Nagercoil, Kanyakumari District, to complete the trial in S.C.No.28 of 2019, within a period of six months from the date of receipt of a copy of this order.

With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed.

sd/ Assistant Registrar(crl. side) /True Copy/ Sub Assistant Registrar To

1. The Chief Judicial Magistrate, Nagercoil, Kanyakumari District.

2. The Sub-Inspector of Police, Arumanai Police Station, Kanyakumari.

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

+1 CC to Mr.S.C.HEROLD SINGH, Advocate ( SR-61331[F] dated 16/04/2019 ) Crl.O.P.(MD)No.5096 of 2019 15.04.2019 smn2 MK/KK (06.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/