Madras High CourtCRL OP(MD)/8865/2015disposed of

S.Durairajan v. The Superintendent Of Police

2015-06-01Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.O.P(MD)NO.8865 of 2015 and M.P(MD).No.1 of 2015 S.Durairajan ... Petitioner Vs.

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, East Police Station, Kumbakonam,Thanjavur District.

3. Rajamohan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to call for the records in connection with the referred Charge Sheet dated 15.03.2014, received by the Judicial Magistrate No.1, Kumbakonam on 22.09.2014 and set aside the same.

For Petitioner : Mr.L.Madhusudhanan For Respondents : Mr.K.Anbarasan Government Advocate(Crl. Side)

ORDER

The Petition is filed, praying to call for the records in connection with the referred Charge Sheet dated 15.03.2014, received by the Judicial Magistrate No.1, Kumbakonam on 22.09.2014 and set aside the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for State.

3. Admittedly, the petitioner has got alternate remedy before the jurisdictional court. The petitioner was already issued with the notice of the referred charge sheet. However, it appears that the referred charge sheet is dated 15.03.2014. There is no indication about the progress made in this regard. Accordingly, the learned Judicial Magistrate No.1, Kumbakonam is directed to pass appropriate final orders on the referred charge sheet to be filed within a period of eight weeks. The petitioner https://hcservices.ecourts.gov.in/hcservices/

is at liberty to produce all the materials before the learned Judicial Magistrate and the Magistrate shall look into the same and consider the objections of the petitioner while passing appropriate orders.

4. The learned counsel for the petitioner also submitted that in spite of the injury having been found on the victim, referred charge sheet has been filed. The learned Judicial Magistrate will have to look into this aspect.

5. This Criminal Original Petition is disposed of, with the above direction. Consequently, the connected Miscellaneous Petition is closed.

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

1. The Judicial Magistrate No.I, Kumbakonam

2. The Superintendent of Police, Thanjavur District, Thanjavur.

3. The Inspector of Police, East Police Station, Kumbakonam, Thanjavur District.

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

+1cc to Mr.L.Madhusudhanan, Advocate Sr.No. 27016 pjl AA/08.06.2015/2p - 6c/ CRL.O.P.(MD)No.8865 of 2015 and M.P(MD).No.1 of 2015 01.06.2015 https://hcservices.ecourts.gov.in/hcservices/