Madras High CourtCRL OP(MD)/16710/2021disposed of

Mujeeth @ Mujeethkumar v. The Inspector Of Police

2021-10-29Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.16710 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.16710 of 2021 Crl.M.P.(MD).Nos.9017 & 9019 of 2021 Mujeeth @ Mujeethkumar ... Petitioner/Accused No.2 Vs.

1.The State rep. by The Inspector of Police, Bodinayakanur Police Station, Theni District.

(Crime No.280 of 2019) ... 1st Respondent/Complainant 2.Panjavarnam ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and quash the charge sheet in C.C.No.23 of 2021 on the file of the learned Judicial Magistrate, Bodinayakanur, Theni District.

For Petitioners : Mr.M.Prakash For R1 : Mr.R.M.S.Sethuraman for R1 Additional Public Prosecutor

ORDER

This petition has been filed seeking to quash the charge sheet in C.C.No.23 of 2021 on the file of the learned Judicial Magistrate, Bodinayakanur, Theni District.

2.The learned counsel for the petitioner submitted that he restricts his relief only with regard to dispense with the personal appearance of the petitioner before the trial Court, stating that he is a student, doing his under Graduate Course in Cardamom Planter's Association College, for which he has also produced the copy of his Identity Card and Bonafide Certificate.

3.Considering the fact that the petitioner is a college student, his personal appearance before the trial Court is dispensed with the following conditions.

(i)The petitioner shall appear before the trial Court namely the Judicial Magistrate Court, Bodinayakanur, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing his recent passport size photograph, to the effect that he will appear before the trial Court as and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16710 of 2021 when required and must ensure his proper representation through Advocate.

4.Further the learned counsel for the petitioner also requested a direction to the learned Judicial Magistrate to expedite the trial and dispose of the case at the earliest.

5.The crime is of the year 2019. Considering the fact that the petitioner is a student, there shall be a direction to the learned Judicial Magistrate, Bodinayakanur to expedite the trial process in C.C.No.23 of 2021 on his file and dispose of the same on merits and in accordance with law, within a period of five months from the date of receipt of a copy of this order.

6.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Bodinayakanur, Theni District. 2.The Inspector of Police, Bodinayakanur Police Station,Theni District.

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

+1 CC to M/s.M.PRAKASH, Advocate ( SR-33504[F] dated 01/11/2021 ) Crl.O.P.(MD)No.16710 of 2021 29.10.2021 RD (26.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2