Madras High CourtCRL OP(MD)/15979/2016disposed of

K. Chellapandian v. The Inspector Of Police

2016-08-31Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.15979 of 2016 and Crl.M.P.(MD).Nos.7708 and 7709 of 2016 K.Chellapandian .. Petitioner/Accused Vs.

1.The Inspector of Police, Kadamalaikundu Police Station, Theni District.

2.S.Vadivel .. Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records relating to the proceedings in C.C.No.14 of 2016 on the file of the learned District Munsif cum Judicial Magistrate, Andipatty in Crime No.185 of 2015 on the file of the 1st respondent Police and quash the same.

For Petitioner : Mr.T.Antony Arul Raj For 1st respondent : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

This application has been filed seeking to quash the proceedings in C.C.No.14 of 2016 on the file of the learned District Munsif cum Judicial Magistrate, Andipatty in Crime No.185 of 2015 on the file of the 1st respondent Police. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the first respondent. 3.When this Court expressed its opinion that it is for the trial Court to decide whether the offence is triable or not, the learned counsel for the petitioner restricted the prayer for giving a direction to the learned trial Court to dispose of C.C.No.14 of 2016 within a stipulated time, as there are only https://hcservices.ecourts.gov.in/hcservices/

limited number witnesses to be examined and it is possible to complete the same within two months.

4.The learned Government Advocate appearing for the first respondent, on instructions, would submit that the first respondent is agreeable for production of the witnesses at the earliest point of time and to co-operate for completion of the case within a time to be fixed by this Court. 5.Having regard to the limited relief sought for by the petitioner, notice to the second respondent is dispensed with. 6.Under such circumstances, the trial Court is directed to dispose of C.C.No.14 of 2016 within a period of two months from the date of receipt of a copy of this order.

7.This Criminal Original Petition is accordingly disposed of. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS II) /True Copy/ Sub Assistant Registrar gcg To 1.The Inspector of Police, Kadamalaikundu Police Station, Theni District.

2.The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

JAM/05/10/16/PV/2p-3c Crl.O.P(MD)No.15979 of 2016 31.08.2016 https://hcservices.ecourts.gov.in/hcservices/