Sundarrajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.15290 of 2022 and Crl.M.P(MD).Nos.10025 and 10027 of 2022 1.Sundarrajan 2.Shanmugasundaram ... Petitioners Vs.

1.State through The Inspector of Police, District Crime Branch, Madurai District.

2.R.Balasubramanian ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the Charge sheet in C.C.No.48 of 2009 on the file of the Judicial Magistrate No.I, Madurai and quash the same as against the petitioners.

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For petitioners : Mr.R.Aravindan For R1 :Mr.Manikandan Government Advocate (Crl.Side) For R2 : Mr.G.Prabhu Rajadurai O RDER This petition is filed to quash the charge sheet in C.C.No.48 of 2009 on the file of the learned Judicial Magistrate-I, Madurai

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioners would submit that this Court may consider to dispense with the personal appearance of the petitioners before the court below and also direct the learned Judicial magistrate No.1, Madurai, to dispose the case in C.C.No.48 of 2009 as early as possible.

3. The learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel for the second respondent have no objection to the submission of the learned counsel for the petitioners.

4. Taking into consideration of the request made by the learned counsel for the petitioners, the appearance of the petitioners before the 2/5

trial court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners is necessary, the trial court, at its wisdom, shall direct their appearance on those days. The learned Judicial Magistrate No.I, Madurai is directed to complete the trial process in C.C.No.48 of 2009 within a period of three months from the date of receipt of copy of this order. Accordingly, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petitions are closed.

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To 1.The learned Judicial Magistrate- I, Madurai.

2.The Inspector of Police, District Crime Branch, Madurai District.

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

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M.DHANDAPANI,J.

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