Madras High CourtCRL OP(MD)/15715/2018allowed

Mariappan v. Karpagavalli

2019-03-06Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.15715 of 2018 and CRL MP(MD)No.1905 of 2018 Mariappan ... Petitioner/Accused No.1 Vs.

Karpagavalli ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.370/2011 on the file of the learned Judicial Magistrate Court, Sankarankovil and also quash the entire proceedings. For Petitioner : Mr.R.Ramachandran

O R D E R

This petition has been filed seeking to call for the records in C.C.No.370 of 2011 on the file of the learned Judicial Magistrate Court, Sankarankovil and also quash the entire proceedings.

2.Heard Mr.R.Ramachandran, learned counsel appearing for the petitioner.

3.On going through the papers, this Court does not find any material to quash the proceedings. Since the case is of the year 2011, this Court is inclined to issue a direction to the concerned court to dispose of the said proceedings within a time frame. 4.The learned counsel brought to the notice of this Court that due to non-appearance of the petitioner on one occasion, the trial court has issued Non Bailable Warrant against him. Normally, this Court does not entertain the request made by one, who is fugitive at law, till the warrant issued against him is recalled. However, inasmuch as the calender case itself is pending for so many years and absence of the petitioner on a solitary instance would have added insult to the injury, in the sense, he himself has to proceed with the case. Though the petitioner/accused is entitled to speedy trial, now he faces warrant because he did not appear on one occasion. The petitioner is now required to surrender before the trial court and move an appropriate application for recalling the warrant.

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5. Thereafter, the learned Judicial Magistrate, Sankarankovil,

is directed to complete the trial in C.C.No.370 of 2011 as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Crl.M.P.(MD)No.1905 of 2018 is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To The Judicial Magistrate, Sankarankovil.

+1 CC to M/s.R.RAMACHANDRAN, Advocate ( SR-52476[F] dated 08/03/2019 ) CM Crl.O.P.(MD)No.15715 of 2018 and CRL MP(MD)N o.1905 of 2018 06.03.2019 KM/(11.04.2019) 3P 3C https://hcservices.ecourts.gov.in/hcservices/