Madras High CourtCRL OP(MD)/11620/2019disposed of

Sivakami v. The Inspsector Of Police

2022-04-05Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.04.2022

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)Nos.11620 & 11328 of 2019 and Crl.MP(MD)Nos.7303, 7304, 7097 & 7099 of 2019 1.Sivakami 2.Dr.J.Vaipav Saran Kavi @ Kaviarasu 3.Bagath Singh ... Petitioners/ (Accused No.2 to 4 in Crl.OP(MD)No.11620 of 2019) (Accused No.1 to 3 in Crl.OP(MD)No.11328 of 2019) vs.

1.The State Rep by The Sub-Inspector of Police, Taluk Police Station, Thirumangalam, Madurai District.

(Crime No.107 of 2011) & (Crime No.106 of 2011) .. Respondent/Complainant ( in both petitions) 2.Muthukodi ... Respondent/Defacto Complaint ( in Crl.OP(MD)No.11620 of 2019 ) 2.P.Murugesan ... Respondent/Defacto Complaint ( in Crl.OP(MD)No.11328 of 2019 ) COMMON PRAYER : Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to call for the records in respect of the case in C.C.Nos.61 & 62 of 2013 now split up as C.C.Nos.111 & 110 of 2019, on the file of the learned Judicial Magistrate Court, Thirumangalam, and to quash the same for the petitioners alone as illegal, violation of law and thus render justice.

For Petitioners : Mr.M.Solaisamy (In both petitions) For R1 : Mr.P.Kottai Chamy Government Advocate (Crl.Side) (In both petitions) For R2 : No Appearance (in Crl.OP(MD)No.11620 of 2019) For R2 : Mr.V.Muthumani (in Crl.OP(MD)No.11328 of 2019) 1/3

COMMON ORDER These petitions are filed seeking quashment of C.C.Nos.111 & 110 of 2019, on the file of the learned Judicial Magistrate Court, Thirumangalam.

2.After hearing the learned counsel for the respondent in Crl.OP(MD)No.11328 of 2019 and the learned Government Advocate (Crl.Side) appearing for the first respondent in both petitions, the learned counsel appearing for the petitioner would submit that he restricts his prayer only with regard to dispense the personal appearance of the petitioners before the Trial Court and made a request before this Court to direct the learned Judicial Magistrate Court, Thirumangalam, to expedite the trial and complete the same within a time stipulated by this Court.

3.In view of the submission made by the learned counsel for the petitioner, the learned Judicial Magistrate Court, Thirumangalam, is directed to expedite the trial in C.C.Nos.111 & 110 of 2019 and complete the same within a period of five months from the date of receipt of a copy of this order.

4.The personal appearance of the petitioners is dispensed with before the trial Court with the following conditions:- i) the petitioners shall appear before the trial Court, within 15 days from the date of receipt of a copy of this order and they shall file an undertaking affidavit that they will appear before the concerned Court as and when required, the attested photograph must be attached in the affidavit and they must ensure that they are properly represented by an Advocate.

5.With the above directions, these Criminal Petitions are disposed of. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) dss To

1. The Judicial Magistrate, Thirumangalam.

2/3

2. The Sub-Inspector of Police, Taluk Police Station, Thirumangalam, Madurai District.

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

Crl.OP(MD)Nos.11620 & 11328 of 2019 and Crl.MP(MD)Nos.7303, 7304, 7097 & 7099 of 2019 05.04.2022 ck(CO) GC(28.04.2022) 3P 4C 3/3