Madras High CourtCRL OP(MD)/10147/2019dismissed as infructuous

Parveen Banu v. The Inspectdor Of Police

2021-11-11Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10147 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10147 of 2019 1.Parveen Banu 2.Sobika : Petitioners/A1 and A2 Vs.

1.The Inspector of Police, Aravakurichi Police Station, Karur District.

In Crime No.88 of 2015. : 1st Respondent/Complainant 2.Sherina Banu : 2nd Respondent/LW1/ De-facto Complainant Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C, to direct the Judicial Magistrate No.2, Karur to expedite the trial in CC No.119 of 2015 and complete the same within stipulated time fixed by this court.

For Petitioner : Mr.S.Gokul Raj For Respondent : Mr.E.Antony Sahaya Prabhahar Additional Public Prosecutor

O R D E R

This petition is filed seeking for direction to the Judicial Magistrate No.2, Karur to expedite the trial in CC No.119 of 2015 and complete the same within stipulated time, fixed by this court. 2.These petitioners are accused No.1 and 2 before the trial court, who were facing the charge under sections 294(b), 323, 506 (i) IPC.

3.When the matter was taken up for hearing, it has been brought to the notice of this court that the 2nd respondent herein Sherina Banu and one Sobika filed Crl.OP(MD)No.21450 of 2015 before this court to quash the entire proceedings in respect of CC No.120 of 2015 pending on the file of the Judicial Magistrate No.2, Karur. This Court, by order, dated 03.12.2019 quashed CC Nos.120 of 2015 and 119 of 2015.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10147 of 2019 4.It appears that the above said order has not been brought to the notice of the trial court or to this petitioner, which necessitated them to file this petition.

5.Since the entire proceedings in CC Nos.120 of 2015 and 119 of 2015 have been quashed by this court, nothing survives in this petition for further consideration or direction. Further, from the report filed by the learned Judicial Magistrate No.2, Karur, it is seen that the order has passed by this court, dated 03.12.2019 in Crl.OP(MD)No.21450 of 2015 has not brought to the notice of the trial court. So, the Registry is directed to mark the copy of the said order to Judicial Magistrate No.II, Karur, in the personal name of the Presiding Officer.

6.With the above direction, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) er 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.

To, 1.The Judicial Magistrate No.1, Karur.

2.The Judicial Magistrate No.2, Karur.

3.The Inspector of Police, Aravakurichi Police Station, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.OP(MD)No.10147 of 2019 11.11.2021 RK(07/12/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2