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Madras High CourtCRL OP(MD)/9531/2020allowed

Rajeswari v. The Sub Inspector Of Police

2020-09-14Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Eleventh day of September, Two Thousand and Twenty PRESENT The Honourable Mr.Justice R.PONGIAPPAN

1. Rajeswari, Wife of Arasu, Maravar Street, Rameswaram, Ramanathapuram District.

2. Nagaraj Son of Nalla thampi, Maravar Street, Rameswaram, Ramanathapuram District.

... Petitioners/ Accused Nos. 1 and 2 Vs

1. State by The Sub Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District.

(In Crime No.83 of 2016) ... 1st Respondent/Complainant.

2. Kathiresan, Son of Angusamy, BGH Lodge, Middle Street, Rameswaram.

... 2nd Respondent/De-facto Complainant.

Prayer :- This Criminal Original Petition is filed under Section 482 of Cr.P.C, praying this Honourable Court to call for all the records in STC.No.303 of 2018 pending on the file of the District Munsif cum Judicial Magistrate, Rameswaram and quash the same. ORDER:- This Criminal Original Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru. G.Murugendran, Advocate for the Petitioners and of Thiru. M.Ganesan, 1/3

Govt. Advocate(Crl. Side), appearing on behalf of the first Respondent and of Mr.M.Nambu Marimuthu, Advocate for the second respondent, this Court made the following order: This Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.No.303 of 2018, pending on the file of the District Munsif-cum-Judicial Magistrate Court, Rameswaram. 2.On 09.09.2020, when the matter was taken up for hearing, the learned counsel appearing for the petitioners submitted that parties have settled their dispute amicably out of Court and that they have also entered into a compromise on the advise of elders. Therefore, this Court directed the Registry to post the matter today, for filing compromise memo and also for appearance of parties. 3.Today, when the matter is taken up for hearing, though a Compromise Memo dated 09.09.

2010, has been filed and the petitioners and the second respondent are present before this Court through Video Conferencing and in spite of repeated instructions given to the learned Government Advocate (Crl. Side) that the matter will be called at the end of list, none of the officers attached with the first respondent Police were present before this Court through Video Conferencing till 03.30 p.m., which shows the lethargic attitude of the respondent police. Hence, the Deputy Superintendent of Police, Rameswaram Town, is directed to be present before this Court on 14.09.2020, through Video Conferencing.

List the matter on 14.09.2020, for recording compromise memo. Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) TO

1. The Sub Inspector of Police Rameswaram Town Police Station Ramanathapuram District. Cr.No.83 of 2016.

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

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Copy to:

1.The Deputy Superintendent of Police, Rameswaram Town, Ramanathapuram District.

2. The Section Officer, Criminal Section, Madurai bench of Madras High Court, Madurai.

Note :- In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. ORDER DATED : 11/09/2020 HEARING DATE : 14/09/2020 ==========================

ORDER

========================== (Giving Directions etc. as stated therein) DKS(CO) TR(11.09.2020) 3P 5C 3/3