Madras High CourtCRL OP(MD)/9614/2016dismissed

J.Geetha v. K.Murugesan

2018-10-10Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.9614 of 2016 and CrlMP(MD)No.4826 of 2016 J.Geetha

...Petitioner

Vs.

K.Murugesan

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the complaint made in STC No.615 of 2016 on the file of the learned Judicial Magistrate No.I, Karur and to quash the same.

For Petitioner :Mr.Babu Rajendaran For Respondent :No appearance

O R D E R

This petition has been filed seeking to quash the proceedings in STC No.615 of 2016 on the file of the Judicial Magistrate No.I, Karur.

2.The learned Counsel for the petitioner would submit that the trial before the Court has begun and it reached the stage of final arguments and at that point of time, the complainant had died and steps were taken to implead the legal heirs of the complainant and the same is pending before the Court below. The learned Counsel for the petitioner submitted that the petitioner can be permitted to raise all the grounds that have been raised in this petition, before the Court below. The learned Counsel for the petitioner further submitted that the petitioner is a lady and her appearance was dispensed with during the pendency of this Criminal Original Petition and therefore, her appearance shall be dispensed with till conclusion of the case in STC No.615 of 2016. 3.Taking into consideration the submissions made by the learned Counsel for the petitioner, the petitioner is at liberty to raise all the grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law.

4.The presence of the petitioner shall be dispensed with and she shall be represented by a Counsel before the Court below. The petitioner shall be present before the Court below at the time of 313 questioning and at the time of passing of judgment. https://hcservices.ecourts.gov.in/hcservices/

5.The Criminal Original Petition is disposed of with the above direction. The case is pending from the year 2016, therefore, there shall be a direction to the Court below to complete the proceedings within a period of three months from the date of receipt of copy of this order and report compliance to the Registry immediately after completion of the proceedings. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-III) dsk To The Judicial Magistrate-I, Karur.

+1cc to Mr.Babu.Rajendran, Advocate in SR No.89927 Crl.O.P.(MD).No.9614 of 2016 NM/SV/SAR III/31.10.18/2P/3C.

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