Madras High CourtCRL OP(MD)/20292/2016dismissed

S.R.Thevar @ Rajasekaran v. The Inspector Of Police,

2020-08-05Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.20292 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2020

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.20292 of 2016 and Crl.M.P.(MD)Nos.10219 and 10220 of 2016 S.R.Thevar @ Rajasekaran : Petitioner/Accused No.1 Vs.

1.The State Represented by The Inspector of Police, District Crime Branch, Sivagangai District, (Crime No.16 of 2013).

: 1st Respondent/Complainant 2.Dr.S.F.V.Selvaraj : 2nd Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records relating to the impugned final report dated 27.05.2016 in C.C.No.97 of 2016 on the file of the learned Judicial Magistrate No.II, Sivagangai, and quash the same.

For Petitioner : Mr.R.M.Arun Swaminathan For Respondent No.1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)

ORDER

The present petition has been filed to quash the criminal proceedings in C.C.No.97 of 2016 on the file of the learned Judicial Magistrate No.II, Sivagangai.

2. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the first respondent, on instructions, would submit that now trial in C.C.No.97 of 2016 has already commenced and some of the witnesses have been examined.

3. Considering the fact that already trial has commenced and some of the witnesses have been examined, I am not inclined to quash the proceedings at this stage. Hence, this Criminal Original https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20292 of 2016 Petition is dismissed. However, the Trial Court is directed to complete the trial in C.C.No.97 of 2016 and dispose of the case, within a period of three months from the date of receipt of a copy of this order. If the petitioner has any inconvenience in appearing before the Trial Court, it is always open to him to file necessary application seeking for dispensing with his appearance and on filing such application, the learned Judicial Magistrate No.II, Sivagangai, is directed to consider the same and pass suitable orders on merits and in accordance with law. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 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.

SML To 1.The Judicial Magistrate No.II, Sivagangai.

2.The Inspector of Police, District Crime Branch, Sivagangai District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Crl.O.P.(MD)No.20292 of 2016 Dated: 05.08.2020 al(CO) TR(17.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2