Muthukrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.4650 of 2023 and Crl.M.P.(MD).No.4084 of 2022 1.Muthukrishnan 2.Suresh 3.Karthiga 4.Janaki ... Petitioners/Accused Nos.3 to 6 Vs.

1.The State, Rep. by the Inspector of Police, All Women Police Station, Bodinayakkanur, Theni District.

(Crime NO.35 of 2022) ... 1st Respondent/Complainant 2.Karpagavalli ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, call for the entire records to the impugned Charge Sheet in CC No.53/2023 on the file of the learned Judicial Magistrate, Bodinayakanur, and to quash the same.

For Petitioners : Mr.S.Vidhya Sagar For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor 1/4

O RDER This petition is filed seeking to quash the impugned Charge Sheet in CC No.53/2023 on the file of the learned Judicial Magistrate, Bodinayakanur.

2.After hearing the learned counsel for the petitioners, this Court is not inclined to quash the proceedings, since specific allegation has been made against the petitioners as to the accused persons made assault upon the defacto complainant and out raged her modesty. Now it has been stated that one of the petitioner is now applied for Group - I Service Examinations. Hence, a request was made that the trial process may be ordered to be completed within a stipulated time. 3.Therefore, there shall be a direction to the learned Judicial Magistrate, Bodinayakanur, to expedite the trial process in C.C.No.53 of 2023, pending on his file and complete the same within a period of four months from the date of receipt of a copy of this order. 4.In the meantime, the personal appearance of the petitioners before the trial Court in this case is dispensed with the following condition.

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(i)The petitioners shall appear before the learned Judicial Magistrate, Bodinayakkanur, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing their recent passport size photograph, to the effect that they will appear before the trial Court as and when required and must ensure his proper representation through Advocate.

5.With the above directions, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. Index : Yes/No 26.04.2023 Internet : Yes/No TM To 1.The Judicial Magistrate, BodinayaKkanur.

2.The Inspector of Police, All Women Police Station, Bodinayakkanur, Theni District.

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

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G.ILANGOVAN. J.

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