Madras High CourtCRL OP(MD)/5984/2019dismissed

Ganesan v. The Inspector Of Police

2019-04-26Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.5984 of 2019 and Crl.M.P.(MD)Nos.3857 and 3858 of 2019 1.Ganesan 2.Raja : Petitioners/Accused 1&2 Vs.

1.The State rep by The Inspector of Police, C3, S.S.Colony Police Station, Madurai.

(Cr.No.837 / 2012) 2.J.Seeba : Respondents/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of the case in C.C.No.243 of 2017 pending on the file of the learned Judicial Magistrate, No.V, Madurai and quash the same as against the petitioner. For Petitioner : Mr.S.Balaji For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

The present petition is filed to quash the final report in Crime No.837 of 2012 now pending in C.C.No.243 of 2017 before the learned Judicial Magistrate, No.V, Madurai.

2. The allegation against the petitioner is that the petitioner compelled the defacto complainant to engage in prostitution.

3. On going through final report this Court does not find any material to interfere with the final report at this stage. Necessarily the present petition has to be dismissed. Accordingly, this Criminal Original Petition is dismissed. However, this Court directs the trial Court to complete the trial https://hcservices.ecourts.gov.in/hcservices/

within a period of three months from the date of receipt of a copy of this order.

4. At this juncture, the learned counsel for the petitioner submitted that A3 and A4 have not appeared before the Court and this is causing huge delay in conduct of the trial. Considering the same, this Court holds that if A3 and A4 did not appear, the learned Magistrate is directed to apply his mind and split up the case against the present petitioner and proceed as per law. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) To 1.The Judicial Magistrate, No.V, Madurai

2. The Inspector of Police, C3, S.S.Colony Police Station, Madurai.

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

+1 CC to M/s.S.BALAJI, Advocate ( SR-62860[F] dated 26/04/2019 ) ta Crl.O.P.[MD]No.5984 of 2019 26.04.2019 KM/(28.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/