← Library
Madras High CourtCRL OP(MD)/12783/2021disposed of

Sujan @ Sujanedwin @ Bose v. The Inspector Of Police

2023-11-08Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.12783 of 2021 and Crl.M.P(MD)Nos.6582 and 6583 of 2021 Sujan @ Sujanedwin ... Petitioner Vs.

1.The State represented by the Inspector of Police, Panagudi Circle Police Station, Panagudi, Thirunelveli District.

(Crime No.358/2014) 2.Sagaya Seelan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the charge sheet filed in P.R.C.No.22 of 2016, on the file of the Judicial Magistrate Court, Valliyoor, Thirunelveli District as against the petitioner and quash the same.

For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.P.Kottaichamy, Government Advocate(Crl.Side) for R1

ORDER

The petitioner has filed this Criminal Original Petition under Section 482 Cr.P.C., to quash the charge sheet filed in P.R.C.No.22 of 2016, on the file of the Judicial Magistrate Court, Valliyoor, Tirunelveli District.

2. The petitioner is A5 in P.R.C.No.22 of 2016, on the file of the Judicial Magistrate Court, Valliyoor, Tirunelveli District. He filed a quash petition to quash the proceedings initiated as against him. Pending the proceedings, the same was committed to the Sessions Court and the same was taken on file in S.C.No.675 of 2023, on the file of the I Additional District and Sessions Court, Tirunelveli.

3. This Court earlier directed the learned I Additional District and Sessions Judge, to submit a report regarding the status of the case. As per the report dated 07.11.2023, A1 and A2 appeared before the Court below. Vakalat has been filed on behalf of A5 alone and at the request of A1 to A4, for engaging counsel, this case was adjourned on 23.11.2023.

4. Even though, the petitioner has filed this petition to quash the proceedings. In view of the completion of the committal proceedings, the petitioner wants to withdraw the case with the liberty to raise all the points before the trial Court.

5. In view of the above said circumstances, this Court is inclined to issue a direction to the learned I Additional District and Sessions Judge, Tirunelveli to dispose the case in S.C.No.675 of 2023 within a period of six months from the date of receipt of a copy of this order. In the event of the non co-operation from the remaining accused, namely, A1 to A4, the learned trial Judge can proceed further by splitting up the case and proceed in accordance with law.

6. With the above directions, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petitions are closed.

08.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sbn

To 1.The I Additional District and Sessions Court, Tirunelveli.

2.The Judicial Magistrate Court, Valliyoor, Tirunelveli District.

3.The Inspector of Police, Panagudi Circle Police Station, Panagudi, Tirunelveli District.

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

5.The Section Officer, Criminal Section(Records) Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN, J.

sbn Crl.O.P.(MD) No.12783 of 2021 and Crl.M.P(MD)Nos.6582 and 6583 of 2021 08.11.2023