Madras High CourtCRL OP(MD)/19971/2018disposed of

Christi Thayamani v. The Sub Inspector Of Police

2022-04-25Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.19971 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2022 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19971 of 2018 and Crl.M.P(MD) Nos. 9175 & 9176 of 2018

1. Christi Thayamani

2. Christal Sugi

3. Christopher ... Petitioners/ Accused 1,2&4 Vs.

1. The State represented by The Sub Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.

(in Crime No.498 of 2010) ... 1st Respondent/ Complainant

2. Vijayapiraba ... 2nd respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the impugned charge sheet and the proceedings pending in C.C.No.322 of 2011 on the file of the learned Judicial Magistrate, Padmanabhapuram quash the same as against the petitioners. For Petitioners : Mr.M.Saravanan For R1 : Mr.B.Nambi Selvan Additional Public Prosecutor For R2 : Mr.C.K.M.Appaji

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.322 of 2011 on the file of the learned Judicial Magistrate, Padmanabhapuram.

2. When the matter is taken up for hearing, the learned counsel appearing for the petitioners would submit that the petitioners restricts the prayer with regard to dispense with the personal appearance of the petitioners 1 and 2 before the trial Court and to direct the learned Judicial Magistrate, Padmanabhapuram to expedite the trial and complete the same within a time to be stipulated by this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19971 of 2018

3. In view of the above, the learned Judicial Magistrate, Padmanabhapuram, is directed to expedite the trial and complete the trial process in C.C.No.322 of 2011 within a period of five months from the date of receipt of a copy of this order.

4. The personal appearance of the petitioners 1 and 2 is dispensed with before the trial Court with the following conditions:- (i) the petitioners 1 and 2 shall appear before the trial Court, 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, they must ensure that they are properly represented by an Advocate.

5. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Ebsi To

1. The Judicial Magistrate, Padmanabhapuram.

2. The Sub Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.

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.M. SARAVANAN, Advocate (SR-21066[F] dated 26/04/2022) Crl.O.P.(MD)No.19971 of 2018 and Crl.M.P(MD) Nos. 9175 & 9176 of 2018 25.04.2022 USK/01.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2