Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.8710 of 2015 and M.P.(MD)No.1 of 2015 1.Raja 2.Ramar ... Petitioners /Accused 1 & 2 vs.

1.State through by The Inspector of Police, Karivalamvandhanallur Police Station, Tirunelveli District.

(Crime No.223/2012)

...Respondent/Complainant

2.Sivasathiya Kala ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.104 of 2014 on the file of the learned Judicial Magistrate Court, Sankarankovil and quash the same. For Petitioners : Mr.M.Saravanan For Respondent-1 : Mr.K.Anbarasan.

Govt.Advocate (crl.side)

ORDER

This petition has been filed praying to call for the records in C.C.No.104 of 2014, on the file of the learned Judicial Magistrate Court, Sankarankovil and quash the same.

2. Though the prayer is to quash the proceedings in C.C.No.104 of 2014, on the file of the learned Judicial Magistrate Court, Sankarankovil , the learned counsel for the petitioner submits that it would suffice, if the appearance of the petitioners may be dispensed with before the trial Court throughout enquiry.

3. In view of the submission made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed, however, considering the submission made by the learned counsel for the petitioner, this Court dispensed with the personal appearance of the petitioners before the lower Court, upon their swearing an affidavit informing their address for service, that they duly would be represented by their counsel on all hearing https://hcservices.ecourts.gov.in/hcservices/

dates, that they would, at no instance, dispute their identity and that, they would appear before the trial court as and when required. Upon the petitioners doing so, the trial court may seek the presence of the petitioners before it, solely on the important hearing dates.

4.Taking note of long pendency of the case, the Court below is directed to conclude the enquiry and dispose of the same, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. The petitioners are also directed to co-operate with the enquiry for early disposal of the case.

Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate Court Sankarankovil.

2. Do thro' The Chief Judicial Magistrate, Tirunelveli 3.The Inspector of Police, Karivalamvandhanallur Police Station, Tirunelveli District.

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

+1cc to Mr. M.Saravanan, Advocate Sr.No.24219 mpk AA/26.05.2015/2p- 6c/ CRL.O.P.(MD)No.8710 of 2015 30.04.2015 https://hcservices.ecourts.gov.in/hcservices/