Madras High CourtCRL OP(MD)/1030/2013disposed of

Velliyan v. The Inspector Of Police

2018-01-30Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2018

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD).No.1030 of 2013 and M.P.(MD).Nos. 2 & 3 of 2013 1.Velliyan 2.Rajalingam 3.Karuppasamy 4.Andiyappan 5.Palanivel 6.Palanivel 7.Jeyapaul 8.Rajalingam 9.Selvaraj ... Petitioners/ Accused Nos.1 to 6 & 8 to 10 vs.

1. The Inspector of Police, District Crime Branch, Karur District.

2. Vanitha

...Respondents/Defacto complainant

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to C.C.No.123 of 2012 on the file of the learned Judicial Magistrate No.I, Kulithalai and quash the same as illegal. For Petitioners : Mr.R.Alagumani For R-1 : Mr.R.Robinson Government Advocate(Crl.Side) For R-2 : Mr.R.Murugappan

O R D E R

This Criminal Original Petition has been filed to call for the records relating to C.C.No.123 of 2012 on the file of the learned Judicial Magistrate No.I, Kulithalai and quash the same as illegal.

2.Though the learned counsel appearing for the petitioners raised several grounds for quashing the proceedings in C.C.No.123 of 2012, he submitted that it would suffice, if a direction is https://hcservices.ecourts.gov.in/hcservices/

issued to the trial Court to complete the trial within a time limit that may be stipulated by this Court and also to permit the petitioners to raise all the grounds raised in this petition before the trial Court. However, he requested the appearance of the petitioners may be dispensed with before the Trial Court. 3.I have heard the learned Government Advocate (Criminal side) appearing for the first respondent, who has also conceded the request of the learned counsel appearing for the petitioners. 4.In the light of the above said submissions of the learned counsel appearing for the petitioners, this Court, without going into the merits of the case, directs the learned Judicial Magistrate No.I, Kulithalai to complete the trial in C.C.No.123 of 2012 within a period of six months from the date of receipt of a copy of this order. Meanwhile, the appearance of the petitioners 1 to 2 are dispensed with unless the learned Judicial Magistrate feels that their presence is required for the disposal of the case.

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

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Kulithalai

2. The Inspector of Police, District Crime Branch, Karur District.

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

+ 2 ccs TO Mr.R.Alagumani , Advocate in SR Nos. 45655,1782 + 1 cc TO Mr.R.Murugappan , Advocate in SR No. 45047 msa AE/JC/SAR1/19.02.2018/2P/7C Crl.O.P.(MD).No.1030 of 2013 and M.P.(MD).Nos. 2 & 3 of 2013 30.01.2018 https://hcservices.ecourts.gov.in/hcservices/