Madras High CourtCRL OP(MD)/11636/2017disposed of

S.Vivakananthan v. The Inspector Of Police

2017-10-13Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)Nos.11636 and 11637 of 2017 and Crl.M.P.(MD)Nos.8001 to 8004 of 2017 Crl.O.P.(MD)No.11636 of 2017:

1.S.Vivakananthan 2.Venmaniselvan 3.Rajavelu 4.Kannaian 5.Marimuthu 6.Mullaivalan 7.Tamilni 8.Selvaraj 9.Sukru 10.Chenni.Pandian 11.Pattichimuthu @ Pathima 12.Sakthivel 13.Vijay Anand 14.Nadarajan 15.Mariappan 16.Muthtamilselan 17.Elangovan 18.Mellitri Gunasekaran 19.Thirumaran @ Mehandran 20.Sesathrei 21.Srinevasan 22.Thiagarajan 23.Murugesan 24.Muruganantham 25.Chennapa @ Chennapathas 26.Kennadi Kannan 27.Ravi 28.Jeyasankar 29.Jeyakanthan 30.Krishnan 31.Muniyandi 32.Veerasamy 33.Magadevan 34.Arivalagan 35.Aarumaidurai 36.Sankaran

37.Muruthamuthu 38.Chellaiyan 39.Subramanian 40.Selvamani 41.Gangaraj 42.Marimuthu ... Petitioners Vs.

State Rep. By 1.The Inspector of Police, Kubakonam, (Crime No.378 of 2008) 2.G.Bala Krishnan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet in C.C.No.16 of 2010 pending against the petitioners before the Judicial Magistrate Court No.II, Kumbakonam, in Crime No.378 of 2008, on the file of the Inspector of Police, East Police Station, Kumbakonam.

Crl.O.P.(MD)No.11637 of 2017:

1.S.Vivakananthan 2.Venmaniselvan 3.Rajavelu 4.Elangovan 5.Mullaivalan 6.Muthtamilselan 7.Elangovan 8.Mellitri Gunasekaran 9.Thirumaran @ Mehandran 10.Sesathrei 11.Ravi 12.Jeyasankar 13.Jeyakanthan 14.Arivalagan 15.Sankaran 16.Rajendran 17.Kannaian 18.Rameshkumar 19.Srinevasan 20.Thiagarajan 21.Murugesan ... Petitioners Vs.

State Rep. By 1.The Inspector of Police, Kubakonam, 2.G.Bala Krishnan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet in C.C.No.17 of 2010 pending against the petitioners before the Judicial Magistrate Court No.II, Kumbakonam, in Crime No.379 of 2008, on the file of the Inspector of Police, East Police Station, Kumbakonam.

For Petitioners : Mr.T.Palanisamy (in both the Crl.O.Ps.) For R1 : Mr.K.Anbarasan (in both the Crl.O.Ps.) Government Advocate (Criminal side) For R2 : No Appearance (in both the Crl.O.Ps.) COMMON ORDER These Criminal Original Petitions have been filed to quash C.C.Nos.16 and 17 of 2010 in Crime Nos.378 and 379 of 2008 respectively, pending on the file of the Judicial Magistrate Court No.II, Kumbakonam.

2.The case of the prosecution in Crime No.378 of 2008 is that due to suicide of one Veerasamy, the petitioners assembled in front of the Tahsildar's Office on 06.10.2008 and made a Dharna in order to identify the accused persons and thereby, creating law and order problem. The case of the prosecution in Crime No.379 of 2008 is that the petitioners/accused organized public demonstration in front of the Tahsildar's office on 07.10.2008 to arrest the suspected persons in the death of the abovesaid Veerasamy and violated the prohibitory order and prevented the free flow of traffic. After investigation, the 1st respondent Law Enforcing Agency filed charge sheets before the Judicial Magistrate Court No.II, Kumbakonam, which were taken on file in C.C.Nos.16 and 17 of 2010. Against which, the present Criminal Original Petitions have been filed by the petitioners. 3.Though the learned counsel for the petitioners raised several grounds for quashing the charge sheets filed by the Law

Enforcing Agency, he submitted that it would suffice, if a direction is issued to the trial Court 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 these petitions before the trial Court.

4.I have heard the learned Government Advocate (Criminal side) appearing for the first respondent, who has also conceded the request of the learned counsel for the petitioners. 5.In the light of the abovesaid submission of the learned counsel for the petitioners, this Court without going into the merits of the cases, directs the learned Judicial Magistrate No.II, Kumbakonam, to complete the trial in C.C.Nos.16 and 17 of 2010, within a period of six months from the date of receipt of a copy of this order and the personal appearance of the petitioners is dispensed with unless the learned Magistrate feels that their presence is required for disposal of the cases. With the above direction, these Criminal Original Petitions are disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Judicial Magistrate No.II, Kumbakonam.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam 3.The Inspector of Police, Kumbakonam, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to Mr.S.Chellapandian, Advocate, SR.No.83070 smn2 RL/6C/4P/KP/SAR1/1/11/2017 Crl.O.P.(MD)Nos.11636 and 11637 of 2017 13.10.2017