Madras High CourtCRL OP(MD)/725/2017disposed of

K.C.Jeyabalan @ Jeyapal v. The Deputy Superintendent Of

2019-06-11Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL OP(MD).No. 725 of 2017 and CRL MP(MD). Nos. 649 & 650 of 2017

1. K.C. Jeyabalan @ Jeyapal

2. J. Ammaiappan

3. Petchiammal ... Petitioners Vs.

1. State through The Deputy Superintendent of Police, Nilakkottai Sub Division, Nilakkottai.

2. Rajendran ...

Respondents PRAYER : This Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records, relating to the impugned charge sheet filed in P.R.C. No.34 of 2016 pending on the file of the learned Judicial Magistrate Court, Nilakkottai. For Petitioners : Mr.R. Thangapandian For Respondent-1 : Mr. K.K. Ramakrishnan Additional Public Prosecutor ***

ORDER

This Criminal Original Petition has been filed seeking direction to quash the charge sheet filed in P.R.C. No.34 of 2016, pending on the file of the learned Judicial Magistrate, Nilakkottai.

2. The grievance of the petitioner is that the petitioners are accused Nos.1 to 3 in Crime No.385 of 2015 on the file of the first respondent police and charge sheet has been filed against the petitioners/accused Nos.1 to 3, for the offences under Sections 447, 434, 506(ii) of I.P.C. r/w 3(1)(X) of SC/ST (Prevention of Atrocity)Act and the same was taken on file as P.R.C. No.34 of 2016, on the file of the learned Judicial Magistrate, Nilakkottai. Since a civil dispute pending between the petitioners and the second respondent/defacto complainant, a false case has been registered against the petitioners. https://hcservices.ecourts.gov.in/hcservices/

3. Earlier, notice was ordered to the second respondent.

4. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the 1st respondent, on instructions submitted that the case has been committed before the Principal Sessions Court, Dindigul and the same was taken on file as Sessions Case No.316 of 2018 and the case was posted for trial on 17.06.2019.

5. In the above circumstances, the trial has been commenced, at this stage, the final report cannot be quashed. Taking into consideration of the fact that the learned Principal Sessions Judge, Dindigul is directed to proceed the trial as expeditiously as possible and complete the same, within a period of 6-months from the date of receipt of copy of the order.

6. With the above observation, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Judicial Magistrate, Nilakkottai.

2.The Principal Sessions Judge, Dindigul.

3. The Deputy Superintendent of Police, Nilakkottai Sub Division, Nilakkottai.

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

+1 CC to M/s.R.THANGAPANDIAN, Advocate ( SR-68085[F] dated 12/06/2019 ) ksa CRL OP(MD).No. 725 of 2017 11.06.2019 KM/(28.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/