Madras High CourtCRL OP(MD)/11250/2018disposed of

Surya v. The Inspector Of Police

2018-07-11Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.11250 of 2018 and Crl.M.P.(MD)Nos.5109 and 5110 of 2018 1.Surya 2.Murugesan 3.Thalavasal 4.Sathya ... Petitioners/Accused No.1 to 4 Vs.

1.The Inspector of Police, Ayakudi Police Station, Dindigul District.

(Crime No.232 of 2014) ...1st Respondent/Complainant 2.Devi @ Mariathal ...2nd Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the impugned charge sheet in C.C.No.123 of 2016 pending on the file of the learned Judicial Magistrate, Palani, Dindigul District and quash the same. For Petitioners : Mr.G.Karuppasamy Pandian For R1 : Mr.Prabhu Ramachandran, Government Advocate (Crl.Side).

ORDER

This Criminal Original Petition has been filed, challenging the charge sheet in C.C.No.123 of 2016, pending on the file of the learned Judicial Magistrate, Palani, Dindigul District. 2.On perusal of the prayer sought for in this petition, it is seen that the petitioner has challenged the aforesaid proceedings in C.C.No.123 of 2016. But on a perusal of the typed set of papers, it is seen that charge sheet along with copy application filed by the petitioner before the learned Judicial Magistrate, Palani has been returned.

3.At this stage, the learned counsel appearing for the petitioners has requested this Court that this petition may be disposed of by considering the personal appearance of the petitioner before the Trial Court for disposal of the case in C.C.No.123 of 2016, within a period that may be fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.Side) appearing for the first respondent may not have serious objections for the aforesaid request made by the petitioners.

5.In the light of the above, this Court is inclined to direct the learned Judicial Magistrate, Palani, to dispose of the case in C.C.No.123 of 2016, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. In the mean time, the personal appearance of the petitioner before the Trial Court is dispensed with. However, the petitioners shall appear before the Trial Court, as and when required. 6.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Judicial magistrate, Palani, Dindigul District.

2.The Inspector of Police, Ayakudi Police Station, Dindigul District.

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

+1CC to Mr.G.Karuppasamy Pandian, Advocate in SR.No.12886. MYR DS/SV/SAR-4 :27.07.2018: 2P/5C Crl.O.P.(MD)No.11250 of 2018 11.07.2018 https://hcservices.ecourts.gov.in/hcservices/