Madras High CourtCRL OP(MD)/10812/2022disposed of

R.Sinnaguru v. The Inspector Of Police

2023-03-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P(MD).Nos.6788 and 6789 of 2022 1.R.Sinnaguru 2.Saraswathy ... Petitioners Vs.

1.The State represented by The Inspector of Police, Sivakasi East Police Station, Virudhunagar District (In Crime No.645 of 2013) 2.A.Kaleeshwari ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records pertaining to the case in C.C.No.104 of 2021 on the file of the Learned Judicial Magistrate Court No.II, Sivagasi, Virudhunagar District and quash the same as against the petitioner Accused No.5 & 6 as illegal as against the petitioners alone and pass any further order or orders as this Court may deem fit and proper under the circumstances of the case.

For Petitioners : Mr.T.Indrachithu For R1 : Mr.S.Manikandan Government Advocate For R2 : Mr.R.Murugappan 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., to call for records pertaining to the case in C.C.No.104 of 2021 on the file of the Learned Judicial Magistrate Court No.II, Sivagasi, Virudhunagar District and quash the same as against the petitioner Accused No.5 & 6 as illegal as against the petitioners alone and pass any further order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case.

2. The learned Additional Public Prosecutor appearing for the respondent police submitted that the trial is going on.

2. After going through the entire records and after hearing both side counsel, this Court is not inclined to quash C.C.No.104 of 2021 pending on the file of the Learned Judicial Magistrate Court No.II, Sivagasi, Virudhunagar District. When this Court about to dismiss the petition, the learned counsel appearing for the petitioners made a request for expedite trial, since the petitioners are aged about 56 and 50 years. 3.Considering the request and the oldness of the crime, there shall be a direction to the Learned Judicial Magistrate Court No.II, Sivagasi, 2/4

Virudhunagar District, to complete the trial process in C.C.No.104 of 2021, within a period of five months from the date of receipt of copy of this order. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petitions are closed. 20.03.2023 Index : Yes/No Internet:Yes/No tta To 1.Learned Judicial Magistrate Court No.II, Sivagasi, Virudhunagar District.

2.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J., tta 20.03.2023 4/4