Madras High CourtCRL OP(MD)/8894/2016disposed of

Mohammed Raseed v. The Inspector Of Police

2016-07-28Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD)No.8894 of 2016 and Crl.MP(MD)No.4376 of 2016 1.Mohamed Rasheed 2.Mohamed Ali 3.Syed Ali 4.Saaral Bheevi 5.Meerankani 6.Rahima Bheevi .. Petitioners/Accused 1 to 6 Vs.

1.The Inspector of Police, Kayathar Police Station, Tuticorin District.

.. 1st Respondent/Complainant 2.Ajmath Bhakir Mohideen .. 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records, the charge sheet in S.T.C. No. 931 of 2015 on the file of the Judicial Magistrate (*) No.II, Kovilpatti and Quash the same.

For Petitioner : Mr.M.Jegadeesha Pandian For R - 1 : Mr.K.V.Rajarajan Government Advocate (Criminal side)

ORDER

This petition has been filed praying to quash the proceedings in S.T.C.No. 931 of 2015, pending on the file of the Judicial Magistrate (*)No.II, Kovilpatti.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 3.A case against the petitioners has been registered in Crime No.15 of 2015 under sections 147, 341, 294(b) and 323 IPC.

After investigation, the first respondent has filed charge sheet and that has been taken on file in S.T.C.No.931 of 2015 on the file of the Judicial Magistrate, (*)No.II, Kovilpatti. Notice was ordered in the said petition and pending notice, the petitioner has come forward with the present Petition to quash the proceedings.

4.Even though the present petition has been filed to quash the proceedings, the learned counsel appearing for the petitioners has represented that the fourth petitioner is aged about 86 years and therefore, he restrict his relief to the extent of speedy disposal of S.T.C.No.931 of 2015.

5.In view of the above submission, the Judicial Magistrate (*)No.II, Kovilpatti is directed to dispose of S.T.C.No.931 of 2015 within a period of three months from the date of receipt of a copy of this order.

6.This Criminal Original Petition is disposed of with the above direction. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AS) (*)CORRECTED AS PER ORDER OF THIS COURT DATED 11.08.2016 /True copy/ Sub Assistant Registrar To TO be subsituted to the order already despatched as 28.7.2016 1.The Judicial Magistrate (*)No.II,, Kovilpatti 2.The Inspector of Police, Kayathar Police Station, Tuticorin District.

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

+1 cc to M/s.M.Jegadeesha Pandian, Advocate in SR.No.40737 mj CSL/ARK-PV/05.08.2016 :2p/5c GJM/SK/SKN/SAR-III-18.8.16-2P-5C Crl.O.P(MD)No.8894 of 2016 and Crl.MP(MD)No.4376 of 2016 28.07.2016 https://hcservices.ecourts.gov.in/hcservices/