Nagarajan v. Sountharajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.4502 of 2016 & Crl.M.P.(MD).Nos.2232 and 2233 of 2016 Nagarajan ... Petitioner/Sole Accused vs.

Sountharajan ... Respondent/Complainant PRAYER: This petition is filed under Section 482 Cr.P.C to call for the records pertaining to S.T.C.No.4057 of 2009 on the file of the learned Judicial Magistrate, Kumbakonam, Thanjavur District and quash the same. For Petitioner :Mr.N.R.Balaji

O R D E R

When the matter was taken up for hearing, learned counsel for the petitioner fairly concedes that PW1 was examined in chief and he was also cross-examined. Under such circumstances, it is not desirable for this Court to interfere under Section 482 Cr.P.C. to quash the proceedings, when one witness has already been examined. Since the prosecution is of the year 2009, this Court directs the learned Judicial Magistrate, Kumbakonam, Thanjavur District, to complete the trial in S.T.C.No.4057 of 2009, within three months from the date of receipt of a copy of this order, provided the accused co-operate by cross-examining the witnesses.

2. With the above direction, the criminal original petition is closed with liberty to the petitioners to raise all the points before the Trial Court. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.Judicial Magistrate, Kumbakonam, Thanjavur District. 2.-do-thro The Chief Judicial Magistrate, Thanjavur +1cc to Mr.N.R.Balaji, Advocate SR.No.15196 sm:sks-rr:24.3.2016:1P/4c Crl.O.P(MD).No.4502 of 2016 https://hcservices.ecourts.gov.in/hcservices/