Madras High CourtCRL OP(MD)/18507/2023disposed of

Hentry Pushparaj v. The Inspector Of Police

2023-11-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.14591 of 2023 1.Hentry Pushparaj 2.Jhon Mesthan Prabhu ... Petitioner Vs.

1.The Inspector of Police, Samayapuram Police Station, Trichy District.

(Crime No.49 of 2018) 2.Anandraj

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the C.C.No. 199 of 2018 on the file of Learned Judicial Magistrate No.III, Trichy and Quash the same in So far as the petitioners are concerned and pass such further or other orders..

For Petitioners : Mr.M.Suresh For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/4

ORDER

This petition has been filed seeking quashment of the proceedings in C.C.No.199 of 2018 on the file of Learned Judicial Magistrate No.III, Trichy, as against the petitioners.

2.The petitioners are facing charges under Section 379 of IPC before the learned Judicial Magistrate No.III, Trichy, in Crime No.49 of 2018 on the file of the first respondent.

3.Pending the proceedings, report was called for from the trial Court as to the stage of the trial process. Report has been received from the trial Court stating that as against the first accused warrant was issued. Because of that trial could not be commenced. 4.The learned counsel for the petitioner would submit that the matter is of the year 2018. So far as no progress is made, because of the first accused as mentioned earlier. In spite of earlier direction issued by this Court in Crl.O.P.(MD).No.23154 of 2022, it was not complied. 2/4

5.There shall be a direction to the trial Court to split up the case against these petitioners and proceed with the trial and dispose of the case within a period of three months from the date of receipt of a copy of this order. Liberty is granted to the petitioner to revive this petition, if no progress is made.

6.With the above said liberty and directions to the trial court, this petition stands disposed of. Consequently, connected miscellaneous petition is closed.

09.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judicial Magistrate No.III, Trichy.

2.The Inspector of Police, Samayapuram Police Station, Trichy District.

(Crime No.49 of 2018) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 09.11.2023 4/4