Madras High CourtCRL OP(MD)/21268/2016dismissed

A.Nixon Azariah v. The Inspector Of Police,

2016-11-09Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21268 of 2016 and Crl.M.P.(MD)Nos.10897 and 10898 of 2016 A.Nixon Azariah ..Petitioner/Sole Accused -Vs1.State represented by The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai, Pudukkottai District.

(In Crime No.143 of 2015) ... 1st Respondent/Complainant 2.Revati .. 2nd Respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records pertaining to the Charge Sheet in C.C.No.86 of 2016 on the file of the District Munsif cum Judicial Magistrate Court, Thirumayam and quash the same as illegal.

For Petitioner : Mr.J.Sulthan Basha for Ajmal Associates For Respondents : Mr.P.Kannithevan Govt. Advocate (Crl.Side) for R.1

O R D E R

This Criminal Original Petition has been filed seeking to call for the records pertaining to the Charge Sheet in C.C.No.86 of 2016 on the file of the District Munsif cum Judicial Magistrate Court, Thirumayam and quash the same as illegal.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent.

3. The learned learned Counsel for the petitioner would submit that it would be suffice if a direction is issued to the trial Court to dispose of the case within a time frame.

4. Considering the above submission, this Criminal Original Petition is dismissed with a direction to the District Munsif cum Judicial Magistrate, Thirumayam to dispose of the case in C.C.No.86 of 2016 as expeditiously as possible preferably 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 trial Court is dispensed with, however, the petitioner shall appear before the trial Court as and when his presence is required. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

1. The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai, Pudukkottai District.

2. The District Munsif cum Judicial Magistrate Court, Thirumayam.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Ssl CSL/PV/25.11.2016:2P/4C Crl.O.P.(MD) No.21268 of 2016 and Crl.M.P.(MD)Nos.10897 and 10898 of 2016 09.11.2016

09.11.2016