Sunderjith Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.14291 of 2016 and Cr.M.P.(MD).Nos.6689 and 6690 of 2016 Sunderjith Kumar ..Petitioner/A1 Vs.

1.

The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Crime No.839 of 2012) ..1st respondent/Complainant 2.

Ramesh Kumar ..2nd respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records on the file of the respondent in C.C.No.193 of 2015 on the file of the learned Judicial Magistrate, Padmanabhapuram, Kanyakumari District and to quash the same as against the petitioner.

For Petitioner : Mr.S.C.Herold Singh For1st respondent : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

This petition has been filed seeking to quash the case in C.C.No.193 of 2015 on the file of the learned Judicial Magistrate, Padmanabhapuram, Kanyakumari District, in respect of the petitioner.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (criminal side) appearing for the respondents. 3.Though the petitioner has come up with the above larger prayer, the learned counsel for the petitioner, on instructions, restricted the prayer for giving a direction to the learned trial Court to dispose of C.C.No.193 of 2015 within a stipulated time, as there are only seven witnesses to be examined and it is possible to complete the same within one month. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate appearing for the first respondent, on instructions, would submit that the first respondent is agreeable for production of the witnesses at the earliest point of time and for completion of the case within a stipulated time to be fixed by this Court.

5.Having regard to the limited relief sought for by the petitioner, notice to the second respondent is dispensed with. 6.Under such circumstances, the trial Court is directed to dispose of C.C.No.193 of 2015 within a period of three months from the date of receipt of a copy of this order. The personal appearance of the petitioner before the Court below is dispensed with unless it is indispensable.

7.This Criminal Original Petition is accordingly disposed of. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To 1.

The Judicial Magistrate, Padmanabhapuram, Kanyakumari District.

2.

The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

3.

The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.S.C.Herold Singh, Advocate SR.No.43782 Crl.O.P(MD)No.14291 of 2016 11.08.2016 gcg SD/SK-SKN/26.08.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/