Madras High CourtCRL OP(MD)/3605/2015disposed of

S.Radha Bai v. M.Ganeshan

2015-06-10Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.3605 of 2015 and M.P.(MD)No.1 of 2015 S.Radha Bai ... Petitioner vs.

M.Ganeshan .

... Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in pursuant to the order made in Crl.R.C.No.29 of 2014 on the file of the Sessions Court, Tiruchirappalli Division, dated 25.09.2014, confirming the order of Crl.M.P.No.7785 of 2013 in S.T.C.No.2901 of 2009, on the file of the learned Judicial Magistrate Court, No.4, Tiruchirappalli, dated 11.07.2014 and set aside the same and allow the Criminal Original Petition.

For Petitioner : Mr.R.Vijayakumar

ORDER

This petition has been filed praying to call for the records in pursuant to the order made in Crl.R.C.No.29 of 2014, on the file of the learned Sessions Judge, Tiruchirappalli Division, dated 25.09.2014, confirming the order made in Crl.M.P.No.7785 of 2013 in S.T.C.No.2901 of 2009, on the file of the learned Judicial Magistrate, No.4, Tiruchirappalli, dated 11.07.2014 and set aside the same.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. As held by this Court in a catena of decisions, the age of the ink cannot be identified through an expert and this Court does not find any merits in this case. Hence, this petition is dismissed. However, considering the fact that the case is pending for a long time, the learned Judicial Magistrate No.4, Tiruchirapalli, is directed to dispose of the case in S.T.C.No.2901 of 2009, within a period of six months from the date of receipt of a copy of this order. Considering the age of https://hcservices.ecourts.gov.in/hcservices/

the petitioner, her appearance before the trial Court is dispensed with, until and unless the same is required by the trial Court. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge, Tiruchirappalli Division.

2. The Judicial Magistrate No.IV, Tiruchirappalli.

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

+1cc Mr.R.Vijayakumar, Advocate Sr.No.29494 mpk AA/19.06.2015/2p- 5c/ CRL.O.P.(MD)No.3605 of 2015 10.06.2015 https://hcservices.ecourts.gov.in/hcservices/