Madras High CourtCRL OP(MD)/4373/2020disposed of

Ramachandran @ Ayyappan v. The Inspector Of Police

2023-12-08Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2023

CORAM

THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN and Crl.M.P(MD)No.2465 of 2020 Ramachandran @ Ayyappan .. Petitioner/Accused No.1 Vs.

1. State rep. by, The Inspector of Police, Central Crime Station, Kanyakumari District.

(in Crime No.551 of 2008) .. 1st Respondent/Complainant

2. Amko Jamboard .. 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records pertaining to the Charge Sheet in C.C.No.304 of 2018 on the file of the learned Judicial Magistrate No.II, Nagercoil in Crime No.551 of 2008 on the file of the 1st Respondent Police u/s.392 of IPC dated 14.11.2008 and quash the same in respect of the petitioner as

illegal.

For Petitioner : Mr.G.Anto Prince For Respondents : Mr.M.Muthumanikkam Government Advocate(Crl.Side) for R1 : Mr.S.Sureshkumar for R2

ORDER

The petitioner is the first accused in Crime No.551 of 2008 filed this petition before this Court to quash the Charge Sheet in C.C.No.304 of 2018 on the file of the learned Judicial Magistrate No.II, Nagercoil.

2. During the course of hearing, it is brought to the knowledge of this Court that among the three accused in this case, one of the accused is not available in India. Further, in view of the pendency of the case from 2008 onwards, the learned counsel for the petitioner made a submission to direct the learned trial Judge to expedite the trial and also he seeks permission to raise all the points before the trial Court.

3. In view of the specific plea made by the learned counsel for the petitioner and also considering the fact that the crime number is pending from the year 2008 onwards, this Court called for report from the learned Judicial Magistrate No.II, Nagercoil. The learned Magistrate also submitted a report stating that one of the accused has not been appeared regularly and the service of summons also pending against him. Earlier NBW was issued and the same was recalled. Thereafter, the case was transferred to the learned Judicial Magistrate No.II, Nagercoil and again summons are served.

4. From the report, it is clear that the petitioner herein is continuously appearing before the Court below from 28.10.2013 onwards. Hence, this Court is inclined to accept the request of the petitioner.

5. Accordingly, this Criminal Original Petition is disposed of with the following directions:

"The learned Judicial Magistrate No.II, Nagercoil, is hereby directed to split up the case in C.C.No.304 of 2018 as

against the petitioner and the other remaining available accused and conduct the trial and complete the same within a period of three months from the date of receipt of a copy of this order by following the procedure stated in the Criminal Rules of Practice."

Consequently, connected miscellaneous petition is closed. 08.12.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No PJL To

1. The Judicial Magistrate No.II, Nagercoil.

2. The Inspector of Police, Central Crime Station, Kanyakumari District.

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

K.K.RAMAKRISHNAN,J.

PJL and Crl.M.P(MD)No.2465 of 2020 08.12.2023