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Madras High CourtCRL RC(MD)/30/2017dismissed

Jasmin Latha, v. The Inspector Of Police,

2019-02-11Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2019 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.R.C.(MD) No.30 of 2017 Jasmin Latha ... Petitioner vs.

The State Represented by the Inspector of Police, Vigilance and Anti Corruption, Kanyakumari, Kanyakumari District.

Natercoil.

... Respondent Prayer:- This Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to revise the order of the Special Judge/Chief Judicial Magistrate, Kanyakumari District at Nagercoil dated 29.12.2016 made in C.M.P.No.2205 of 2015 in Special Case No.3 of 2015 in connection with Crime Number 11 of 2012 dated 16.07.2012 on the file of the Vigilance and Anti Corruption, Kanyakumari Detachment, Nagercoil.

For Petitioner : Mr.S.Palanivelayutham For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This criminal revision case has been filed to set aside the order dated 29.12.2016 passed in C.M.P.No.2205 of 2015 in Special Case No.3 of 2015 by the learned Special Judge/Chief Judicial Magistrate, Kanyakumari District at Nagercoil. 2.Though the learned counsel for the petitioner raised several grounds for setting aside the order dated 29.12.2016, passed in C.M.P.No.2205 of 2015 in S.C.No.3 of 2015 by the learned Special Judge/Chief Judicial Magistrate, Kanyakumari District at Nagercoil, he submitted that it would suffice, if a direction is issued to the Court below to complete the trial, within a time limit that may be stipulated by this Court and the personal appearance of the petitioner may be dispensed with.

3.Heard the learned Additional Public Prosecutor appearing for the State.

https://hcservices.ecourts.gov.in/hcservices/ 4.In the light of the aforesaid submission made by the learned counsel appearing for the petitioner, this Court, without going

into the merits of the case, directs the learned Special Judge/Chief Judicial Magistrate, Kanyakumari District at Nagercoil, to complete the trial in S.C.No.3 of 2015, within a period of six months from the date of receipt of a copy of this order. The petitioner shall present before the trial Court for answering charges, for questioning under Section 313 Cr.P.C., and on the date of judgment. For other hearings, if the petitioner files an affidavit under Section 317 Cr.P.C., the same shall be liberally considered. If the petitioner adopts any dilatory tactics, the trial Court shall insist upon the presence of the petitioner. If the petitioner absconds, a fresh FIR can be registered against him under Section 229-A IPC.

5.With the above direction, this Criminal Revision Case is disposed of.

Sd/- Assistant Registrar (P & A) // True Copy // Sub Assistant Registrar(CS) mm To

1. The Special Judge/ Chief Judicial Magistrate, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Vigilance and Anti Corruption, Kanyakumari, Kanyakumari District.

Natercoil.

3. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 copies)

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

+1CC TO MR.S.PALANIVELAYUTHAM, Advocate Sr. No. 246204 Crl.R.C.(MD) No.30 of 2017 11.02.2019 TR (12.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/