Vasantha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.6627 of 2018 and Crl.M.P.(MD)Nos.3169 and 3170 of 2018 1.Vasantha 2.Chithambaram ... Petitioners/Accused No.1 & 2 -Vs1.The State Represented by The Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District.

... Respondent/Complainant 2.Kumari Chithra ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in connection with charge sheet in C.C.No.55 of 2018 pending before the Judicial Magistrate No.II, Nagercoil, Kanyakumari District and quash the same. For Petitioners : Mr.R.Russel Raj For R1 : Mr.Prabhu Ramachandran, Government Advocate (Crl.Side).

For R2 : No Appearance

ORDER

The prayer sought for herein is to call for the records in connection with charge sheet in C.C.No.55 of 2018 pending before the Judicial Magistrate No.II, Nagercoil, Kanyakumari District and quash the same.

2.During the course of arguments, the learned counsel appearing for the petitioners requests this Court that a direction would be issued to the trial Court to dispose of the case in C.C.No.55 of 2018 on the file of the Judicial Magistrate No.II, Nagercoil, Kanyakumari District, within a time that may be fixed by this Court.

3.The learned Government Advocate (Crl.Side) appearing for the first respondent would submit that if the parties will co-operate with the trial before the trial Court, the same shall be concluded.

https://hcservices.ecourts.gov.in/hcservices/

4.In view of the aforesaid submissions made on behalf of either sides, this Court is inclined to direct the Judicial Magistrate No.II, Nagercoil, Kanyakumari District, to dispose of the case in C.C.No.55 of 2018 on merits and in accordance with law, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. In the mean time, the personal appearance of the petitioners is dispensed with before the trial Court. The petitioners shall appear before the trial Court, as and when required.

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

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District.

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

+1 CC to Mr.R.RUSSEL RAJ, Advocate in SR.No.71442 MYR RJ/RP/SAR-3/16/07/2018 - 2P/5C Crl.O.P.(MD)No.6627 of 2018 05.07.2018 https://hcservices.ecourts.gov.in/hcservices/