Madras High CourtCRL OP(MD)/22200/2016dismissed

Dennis v. The Inspector Of Police

2016-11-23Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.22200 of 2016 and Crl.M.P.(MD)Nos.11491 and 11492 of 2016 1.Dennis 2.Rajan 3.Dennis, s/o.Kanagaraj : Petitioners/A1 to A3 -Vs1.The State rep. by the Inspector of Police, Marthandam Police Station, Kanyakumari District.

2.Shankareshwaran Inspector of Police, Marthandam Police Station, Kanyakumari District. : Respondents/Complainants Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the charge sheet in C.C.No.196 of 2013 on the file of the Judicial Magistrate Court No.1, Kuzhidurai and quash the same as illegal. For Petitioner : Mr.J.Sulthan Basha for M/S.Ajmal Associates For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition is filed to call for the records relating to the charge sheet in C.C.No.196 of 2013 on the file of the Judicial Magistrate Court No.1, Kuzhidurai and quash the same as illegal. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) appearing for the respondents and perused the materials available on record. 3.Perusal of the records would show that they are prima facie materials available against the petitioners. Hence, this court is not inclined to quash the charge sheet filed in C.C.No.196 of 2013.

https://hcservices.ecourts.gov.in/hcservices/ 4.In the result, this petition is dismissed. However, considering the facts and circumstances of the case, the personal

appearance of the petitioners is dispensed with before the trial court and they are directed to appear before the trial court, whenever their presence is required. Further, the Judicial Magistrate No.1, Kuzhidhurai, is directed to dispose of the case in C.C.No.196 of 2013 on merits and in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of receipt of the order copy. Consequently, connected CMP(MD)No.11491 of 2016 is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To, 1.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

2.The Judicial Magistrate No.1, Kuzhidhurai, Kanyakumari District.

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

Crl.O.P.(MD) No.22200 of 2016 23.11.2016 er um/gsv-sv/12.01.2017/2p/4c https://hcservices.ecourts.gov.in/hcservices/