Madras High CourtCRL OP(MD)/6513/2022allowed

S. Ramesh v. R.Jeyakumar

2024-02-27Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.(MD)No.4517 of 2022 S.Ramesh ... Petitioner/A1 Vs.

R.Jeyakumar ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the case in C.C.No.29 of 2019 on the file of the learned Judicial Magistrate, Boothapandi, Kanyakumari District and quash the same as against the petitioner.

For Petitioner : Mr.R.Anand For Respondent : Mr.N.Dhilikumar

ORDER

The Criminal Original Petition has been filed to quash the impugned charge sheet in C.C.No.29 of 2019 on the file of the learned Judicial Magistrate, Boothapandi, Kanyakumari District, as against the petitioner.

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2.Today, when the matter was taken up for hearing, the learned counsel for the petitioner and the learned counsel for the respondent would submit that the present petition is filed for quashment of the private complaint instituted by the Former Secretary of the Nagercoil Bar Association as against the petitioner in C.C.No.29 of 2019 before the learned Judicial Magistrate, Boothapandi, Kanyakumari District, for the offences under Sections 294(b), 352, 323, 341, 506(ii) and 166 of IPC and Section 3(1) of TNPPDL Act and without going into the merits of the case, this Court may transfer the charge sheet in C.C.No.29 of 2019 from the file of the learned Judicial Magistrate, Boothapandi, Kanyakumari District to the learned Judicial Magistrate No.I, Madurai for conclusion of the trial, within a reasonable time as fixed by this Court.

3.In view of the fair submissions made by the learned counsel on either side, this Court is inclined to transfer the charge sheet in C.C.No. 29 of 2019 from the file of the learned Judicial Magistrate, Boothapandi, Kanyakumari District to the learned Judicial Magistrate No.I, Madurai. The learned Judicial Magistrate, Boothapandi, Kanyakumari District, is 2/4

directed to transmit the entire case papers to the learned Judicial Magistrate No.I, Madurai, within a period of one week from the date of receipt of a copy of this order. The learned Judicial Magistrate No.I, Madurai, is directed to conclude the trial within a period of six months therefrom. Liberty is granted to the petitioner as well as the defacto complainant to file an application before the trial Court for dispensing with their personal appearance.

4.With the above directions, the Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 27.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Sji To 1.The Judicial Magistrate, Boothapandi, Kanyakumari District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI ,J.

Sji 27.02.2024 4/4