Jose v. The Inspector Of Police

Crl.O.P.(MD)No.17897 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.17897 of 2019 and Crl.M.P.(MD)No.10506 of 2019 Jose : Petitioner /Accused No.7 Vs.

1.The Inspector of Police, Kulasekaram Police Station, Kannyakumari District.

Crime No.365 of 2008 :1st Respondent/Complainant 2.Ganesan :2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.1271 of 2018 on the file of the Judicial Magistrate No.II, Padmanabhapuram and may quash the same in respect of petitioner.

For Petitioner : Mr.K.P.Narayanakumar For R1 : Mr.S.Chandrasekar, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed to quash the proceeding in C.C.No.1271 of 2018 on the file of the Judicial Magistrate No.II, Padmanabhapuram.

2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the trial has commenced and summons were issued to the witness Nos.1 to 3 and that the case is posted on 28.01.2020.

3.At this juncture, the learned counsel appearing for the petitioner would pray for a direction directing the trial Court to complete the trial within a time frame. He would further submit that the other accused are friends and relatives of the petitioner and that the same Advocate is appearing for all the accused and thereby, the accused will co-operate for the speedy disposal of the case.

4.The learned Additional Public Prosecutor would submit that there are nine witnesses in this case and that the trial Court would be able to complete the trial, within a period of six months. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17897 of 2019 5.Considering the facts and circumstances of the case and considering the fact that the trial has commenced, this Criminal Original Petition is dismissed. However, the learned Judicial Magistrate No.II, Padmanabhapuram is directed to conduct the trial in C.C.No.1271 of 2018 and pass orders, as expeditiously as possible, within a period of six months from 28.01.2020. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) gns To 1.The Judicial Magistrate No.II, Padmanabhapuram. 2.The Inspector of Police, Kulasekaram Police Station, Kannyakumari District.

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

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-103538[F] dated 05/12/2019 ) Crl.O.P.(MD)No.17897 of 2019 04.12.2019 KK/SAR/27.12.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2