Madras High CourtCRL OP(MD)/10773/2018disposed of

N. Srinivasan v. Arumugam

2018-07-05Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.10773 of 2018 and Crl.M.P.(MD)No.4854 of 2018 N.Srinivasan ... Petitioner -VsArumugam

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the case in C.C.No.335 of 2017 on the file of the learned Judicial Magistrate No.II, Kovilpatti and quash the same.

For Petitioner : Mr.K.K.Kannan

ORDER

This Criminal Original Petition has been filed, challenging the case in C.C.No.335 of 2017 on the file of the learned Judicial Magistrate No.II, Kovilpatti.

2.During the course of the arguments, the learned counsel appearing for the petitioner submitted that there is no prima facie case to entertain the impugned complaint preferred by suppressing the real facts. The said complaint has been preferred in order to counterblast the criminal case registered against the respondent and others under Sections 420, 506(i) r/w Section 109 IPC on the file of the learned Judicial Magistrate No.I, Madurai. 3.The learned counsel appearing for the petitioner requests this Court to dispose of the case in C.C.No.335 of 2017, within a period that may be fixed by this Court.

4.Taking into account of the facts and submission of the learned counsel appearing for the petitioner, this Court is inclined to direct the Judicial Magistrate No.II, Kovilpatti, to dispose of the case in C.C.No.335 of 2017 on merits and in accordance with law as expeditiously as possible, preferably within a period of five months from the date of receipt of a copy of this order. In the mean time, the personal appearance of the petitioner is dispensed with before the learned Judicial Magistrate No.II, Kovilpatti. As and when required, the petitioner shall appear before the learned Judicial Magistrate No.II, Kovilpatti.

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5.In view of the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Judicial Magistrate No.II, Kovilpatti.

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

+1CC to Mr.K.K.Kannan Advocate in SR.No.71233. MYR DS/PN/SAR-4 :24.07.2018: 2P/4C Crl.O.P.(MD)No.10773 of 2018 05.07.2018 https://hcservices.ecourts.gov.in/hcservices/