Madras High CourtCRL OP(MD)/22243/2016dismissed with direction

J.Mohammed Khan, v. The Inspector Of Police,

2016-11-24Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2016

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.22243 of 2016 and Crl.M.P(MD)No.11530 & 11531 of 2016 J.Mohammed Khan .. Petitioner Vs.

1.The State, Rep. By The Inspector of Police, Pettai Police Station, Tirunelveli, Tirunelveli District.

Cr.No.475 of 2015.

2.K.Jai Shankar .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records and quash the proceeding of the final report in C.C.No.254 of 2016, on the file of the Judicial Magistrate No.V, Tirunelveli dated 07.03.2016. For Petitioner : Mr.I.Robert Chandrakumar For R1 : Mr.K.Anbarasan, Government Advocate (Criminal side)

ORDER

This petition is filed to call for the records and quash the proceeding of the final report in C.C.No.254 of 2016, on the file of the Judicial Magistrate No.V, Tirunelveli, dated 07.03.2016. 2.The learned counsel appearing for the petitioner after arguing at length submitted that it would suffice to issue direction to the Judicial Magistrate No.V, Tirunelveli to dispose of the C.C.No.254 of 2016.

3.The learned counsel for the petitioner would submit that the petitioner's mother is a paralytic patient and he has to assist her. He further submitted that the petitioner is ready to appear before the trial Court as and when his presence is necessary and he will not dispute the identity of the witnesses examined by the https://hcservices.ecourts.gov.in/hcservices/

prosecution.

4.The learned Government Advocate (Crl.side) would submit that the trial would be completed within a period of six months. 5.In view of the above submission, this Criminal Original Petition is dismissed with a direction to the Judicial Magistrate No.V, Tirunelveli to complete the trial as expeditiously as possible, preferably, within a period of six months from the date of receipt of the copy of this order. The presence of the petitioner is dispensed with and he is directed to appear before the trial Court if his presence is necessary. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(REcord) /True Copy/ Sub Assistant Registrar am To 1.The Inspector of Police, Pettai Police Station, Tirunelveli, Tirunelveli District.

2.The Judicial Magistrate No.V, Tirunelveli 3.The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.I.Robert Chandrakumar Advocate Sr.No. 72608 JAM/15.12.16/KM/ 2p-5c Crl.O.P(MD)No.22243 of 2016 24.11.2016 https://hcservices.ecourts.gov.in/hcservices/