Madras High CourtCRL OP(MD)/10296/2020disposed of

Zailani v. The Inspector Of Police

2020-09-25Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN and Crl.M.P(MD) No.4754 and 4757 of 2020 1.Zailani 2.Siti Rohana 3.Ramalan Bin Ibrahim 4.Aman Jahariah 5.Mohamed Nasir Ibrahim 6.Kamariah 7.Mariono 8.Sumisni 9.Moomin Ali 10.Asaraf Ali ... Petitioner/Accused 1 to 10 Vs.

1.The State rep by th Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(in Crime No.188 of 2020) ... 1st Respondent/Complainant 2.Selvam ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to C.C.No.71 of 2020 on the file of the learned Judicial Magistrate Court No.II, Rmanathapuram and quash the same as illegal.

For Petitioners : Mr.J.Sulthan Basha for M/s.Ajmal Associates For R-1 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking the relief to call for the records pertaining to the case in C.C.No.71 of 2020, on the file of the Judicial Magistrate Court No.II, Ramanathapuram, and quash the same as illegal. 2.Heard Mr.J.Sulthan Basha, learned counsel appearing for the petitioners and Mr.S.Chandrasekar, learned Additional Public 1/3

Prosecutor appearing for the first respondent. 3.Today, when the Criminal Original Petition is taken up for hearing, the learned counsel appearing for the petitioners would submit that though this Criminal Original Petition has been filed for quashing the charge sheet, it would suffice to direct the learned Judicial Magistrate No.II, Ramanathapuram, to dispose the above said case within the time limit as stipulated by this Court. In this regard, he would further submit that the petitioners herein, being foreign citizens, they are ready to admit their guilt. The said submission is recorded.

4.Now, on considering the facts and circumstances of the case, it is not in dispute that all the petitioners herein were in judicial custody for considerable period. Further, they are all ready to admit their guilt. Therefore, it would be appropriate to direct the learned Judicial Magistrate No.II, Ramanathapuram, to dispose of C.C.No.71 of 2020, within a time frame. 5.In view of the above, this Criminal Original Petition is disposed of with a direction to the learned Judicial Magistrate No.II, Ramanathapuram, to dispose of C.C.No.71 of 2020, within a period of one week from the date of receipt of a copy of this order, if the petitioners plead guilty. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(Records) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID19 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. To 1.The Judicial Magistrate No.II, Ramanathapuram.

2.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

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

25.09.2020 avs(CO) TR(25.09.2020) 3P 4C 3/3