Madras High CourtCRL OP(MD)/12580/2019disposed of

P.M. Rahmathulla v. The Inspector Of Police

2022-02-18Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.12580 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2022 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12580 of 2019 1.P.M.Rahmathulla 2.R.Rapiyath Beevi ... Petitioners/Accused No.1 & 2 Vs.

1.State Represented by The Inspector of Police, Kadayanallur Police Station, Kadayanallur.

(Crime No.357 of 2018) ... Respondent/Complainant 2.P.M.Nijamudden ... Respondents/Defacto Complainant Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records pertaining to the final report in S.T.C.No.265 of 2019, dated 02.01.2019 on the file of the Judicial Magistrate for the alleged offences U/s 341, 294(b), 506(1) of IPC and quash the same as illegal.

For Petitioners : Mr.S.Louis For R1 : Mr.S.Nambi Selvan Additional Public Prosecutor For R2 : Mr.K.Sivabalan

O R D E R

This petition is filed seeking quashment of final report in S.T.C.No.265 of 2019, on the file of the learned Judicial Magistrate, Tenkasi, dated 02.01.2019.

2. The learned counsel for the petitioners made a request before this Court that a direction may be given to the Trial Court to expedite the trial and complete the same within a stipulated time as prescribed by this Court.

3.Even though, the matter has been heard on merit, considering the limited scope of the relief sought for by the learned counsel for the petitioners, without going into the merits of the case, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12580 of 2019 directs the learned Judicial Magistrate, Tenkasi, to expedite the trial and complete the same within a period of 5 months from the date of receipt of a copy of this order. After completing the trial process, compliance report should be submitted before this Court. 4.With the above direction, this Criminal Original Petition is disposed of.

5.Considering the age of the petitioners and also considering the fact that it is a dispute between two brothers, the personal appearance of the petitioners is dispensed with before the Trial Court with the following conditions:- They must appear before the learned Judicial Magistrate, Tenkasi, 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 by affixing attested photo. They must engage a lawyer to represent them. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) dss To 1.The Judicial Magistrate, Tenkasi.

2. The Inspector of Police, Kadayanallur Police Station, Kadayanallur.

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

Copy to The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.LOUIS, Advocate ( SR-7212[F] dated 18/02/2022 ) Crl.O.P.(MD)No.12580 of 2019 18.02.2022 RK(01/03/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2