Gopalakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.6621 of 2014 and M.P.(MD) No.1 of 2014 1.Gopalakrishnan 2.M.Jahir Hussain

...Petitioners/Accused Nos.1 & 2

Vs.

1.State represented by The Inspector of Police Palakkarai Police Station Tiruchirappalli City Tiruchirappalli District (Crime No.930/12) ...1st Respondent/Complainant 2.Sethuraman ...2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings in S.T.C.No.1283 of 2012 on the file of the learned Judicial Magistrate No.V, Tiruchirappalli, Tiruchirappalli District.

For Petitioners: Mr.A.Thiruvadi Kumar For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 : Mr.R.Alagumani

O R D E R

This quash petition is filed to call for the records from the trial Court in S.T.C.No.1283 of 2012 on the file of the learned Judicial Magistrate No.V, Tiruchirappalli, Tiruchirappalli District and quash the same.

2.Heard the learned counsel appearing for the petitioners and the learned counsel for the respondents.

3.On perusal of grounds would show that all the grounds raised by the petitioners can be considered only during the time of trial. Therefore, this criminal original petition is liable to https://hcservices.ecourts.gov.in/hcservices/

be dismissed.

4.Accordingly, this Criminal Original Petition is dismissed. Consequently the connected miscellaneous petition is closed. Since the case is of the year 2012, the learned Judicial Magistrate No.V, Tiruchirappalli is directed to complete the entire trial proceedings within a period of three months from the date of receipt of a copy of this order. The personal appearance of the petitioners before the trial Court is dispensed with, except the dates of hearing, on which, the learned Judicial Magistrate insisted upon the petitioners to appear before the Court.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate No.V, Tiruchirappalli.

2. The Inspector of Police, Palakkarai Police Station, Tiruchirappalli City, Tiruchirappalli District.

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

MSA BU/PM/SAR-III:02.11.2018 : 2P/4C Crl.O.P.(MD).No.6621 of 2014 and M.P.(MD) No.1 of 2014 27.09.2018 https://hcservices.ecourts.gov.in/hcservices/