Madras High CourtCRL OP(MD)/10380/2016disposed of

Natchimuthu v. The Inspector Of Police

2017-11-06Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.10380 of 2016 and Crl.M.P.(MD)Nos.5147 of 2016 Natchimuthu ... Petitioner/Accused No.2 Vs.

State Rep. by

1. The Inspector of Police, Thennilai Police Station, Thennilai, Karur District.

(Crime No.128 of 2012) ... 1st Respondent/Complainant

2. Ramasamy ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to C.C.No.15 of 2013 on the file of the learned Judicial Magistrate No.II, Karur and quash the same as illegal.

For Petitioner : Mr.R.Shivakumar for M/s.K.M.Vijayan Associates For R1 : Mr.K.Anbarasan Government Advocate (Criminal side) For R2 : Mr.M.P.Senthil

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.15 of 2013, pending on the file of the learned Judicial Magistrate No.II, Karur District.

2.Though the learned counsel for the petitioner raised several grounds for quashing the case in C.C.No.15 of 2013, on the file of the learned Judicial Magistrate No.II, Karur, 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 petitioner to raise all the grounds raised in this petition before the trial Court. https://hcservices.ecourts.gov.in/hcservices/

3.I have heard the learned counsel on either side and the learned Government Advocate (Criminal side) appearing for the first respondent has also conceded the request of the learned counsel for the petitioner.

4.In the light of the above said submission of the learned counsel for the petitioner, this Court without going into the merits of the case, directs the learned Judicial Magistrate No.II, Karur District, to complete the trial in C.C.No.15 of 2013, within a period of three months from the date of receipt of a copy of this order. The personal appearance of the petitioner was dispensed with by this Court on 29.06.2016 and the same is confirmed, unless the learned Magistrate feels that his presence is required for disposal of the case.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected M.P.(MD).No.5147 of 2016 is closed.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Karur District.

2. The Inspector of Police, Thennilai Police Station, Thennilai, Karur District.

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

+ 1 CC TO Mr.M.P.SENTHIL, ADVOCATE IN SR No. 85643 + 1 CC TO Mr.N.ANANDAKUMAR, ADVOCATE IN SR No. 85560 VSA TE/MR-KKR/SAR-1 : 22/11/2017 : 2P/6C Crl.O.P.(MD)No.10380 of 2016 and Crl.M.P.(MD)Nos.5147 of 2016 06.11.2017 https://hcservices.ecourts.gov.in/hcservices/