Madras High CourtCRL OP(MD)/14725/2017disposed of

Bhima 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.14725 of 2017 and Crl.M.P.(MD)No.9802 of 2017 Bhima, W/o.Manoharan ... Petitioner Vs.

State Rep. By 1.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(Crime No.26 of 2016) 2.Biji, D/o.Padmanaban ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the charge sheet in C.C.No.33 of 2017 on the file of the Judicial Magistrate Court No.II, Nagercoil, Kanyakumari District and quash the same as against the petitioner.

For Petitioner : Mr.Niranjan.S.Kumar For R1 : Mr.K.Anbarasan Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.33 of 2017, pending on the file of the Judicial Magistrate Court No.II, Nagercoil, Kanyakumari District. 2.Though the learned counsel for the petitioner raised several grounds for quashing the charge sheet filed by the 1st respondent 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 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 Government Advocate (Criminal side)

appearing for the first respondent, who has also conceded the request of the learned counsel for the petitioner. 4.Since no adverse order is passed against the second respondent, notice to the second respondent is dispensed with. 5.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, Nagercoil, Kanyakumari District, to complete the trial in C.C.No.33 of 2017, within a period of one year from the date of receipt of a copy of this order and the personal appearance of the petitioner is dispensed with unless the learned Magistrate feels that her presence is required for the disposal of the case.

With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CRL. SIDE) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Nagercoil, Kanyakumari District.

2.-do-Thro' The Chief Judicial Magistrate, Kanyakumari District. 3.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

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

+1cc to M/s.NIRANJAN S.KUMAR Advocate in SR. No. 85488 SMN2 JS/JC/SAR.3/20.11.2017/2P-6C Crl.O.P.(MD)No.14725 of 2017 06.11.2017 https://hcservices.ecourts.gov.in/hcservices/