Muthaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2018

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.19571 of 2018 and Crl.M.P.(MD).No.8890 and 8891 of 2018 1.Muthaiah 2.Anand alias Anandhan 3.Arulraj ... Petitioners/Accused No.1 to 3 /Vs./

1. The Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

... 1st Respondent / Complainant 2.Samuthirakani ... 2nd Respondent/ De facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in C.C.No.153 of 2018, on the file of the learned District Munsif cum Judicial Magistrate Court, Sivagiri, Tirunelveli District and quash the same.

For Petitioner : Mr.R.J.Karthick For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (crl. Side)

O R D E R

This Criminal Original Petition has been filed to quash the criminal proceedings in C.C.No.153 of 2018, on the file of the learned District Munsif cum Judicial Magistrate Court, Sivagiri, Tirunelveli District.

2. Though the learned counsel for the petitioners raised several grounds for quashing the proceedings in C.C.No.153 of 2018, he submitted that it would suffice, if a direction is issued to the trial Court to complete the trial within a time limit that may be stipulated by this Court and also to permit the petitioners to raise all the grounds raised in this petition before the trial Court. Hence, he requested the appearance of the petitioners may be dispensed with before the Trial Court.

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3. In the light of the above said submissions of the learned counsel appearing for the petitioners, this Court, without going

into the merits of the case, directs the learned District Munsif cum Judicial Magistrate, Sivagiri, Tirunelveli District, to complete the trial in C.C.No.153 of 2018, within a period of six months from the date of receipt of a copy of this order. This Court directs that the trial magistrate shall insist on the appearance of the petitioners herein only for answering the charges and at the time of examination under Section 313 of Cr.PC and at the time of pronouncing judgement. Except the aforesaid occasions, on other hearing dates, the petitioners can be permitted to be represented through counsel.

4. With the above directions, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The District Munsif cum Judicial Magistrate, Sivagiri, Tirunelveli District.

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

+1 cc To Mr.R.J.Karthick, ADVOCATE IN SR NO.94035 SM MK/KK/RSK/SAR 3/28.12.2018/2P/4C Order made in Crl.O.P.(MD)No.19571 of 2018 01.11.2018 https://hcservices.ecourts.gov.in/hcservices/