Madras High CourtCRL OP(MD)/10353/2011disposed of

Kolusammal W/O.Siva , Director v. The Inspector Of Police

2017-11-08Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.10353 of 2011 and M.P.(MD)No.2 of 2011 1.Kolusammal 2.Siva ... Petitioners/Accused 1 & 2 Vs.

State Rep. By

1. The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

(Crime No.224 of 2010) ... 1st Respondent/ Complainant 2.Manirose ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.86 of 2011 on the file of the Judicial Magistrate Court, Ambasamudram, Tirunelveli District and quash the same.

For Petitioners : Mr.C.T.Perumal For R1 : Mr.K.Anbarasan Government Advocate (Criminal side) For R2 : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.86 of 2011 in Crime No.224 of 2010, pending on the file of the Judicial Magistrate Court, Ambasamudram, Tirunelveli District. 2.Though the learned counsel for the petitioners raised several grounds for quashing the charge sheet filed by the 1st respondent Law Enforcing Agency, he submitted that it would suffice, if a direction is 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.

https://hcservices.ecourts.gov.in/hcservices/ 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 for the petitioners. 4.In the light of the abovesaid submission of the learned counsel for the petitioners, this Court without going into the merits of the case, directs the Judicial Magistrate Court, Ambasamudram, Tirunelveli District, to complete the trial in C.C.No.86 of 2011, within a period of six months from the date of receipt of a copy of this order and the personal appearance of the petitioners is dispensed with unless the learned Magistrate feels that their presence is required for disposal of the case. 5.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

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

1. The Judicial Magistrate, Ambasamudram, Tirunelveli District

2. The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

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

+ 1 CC TO Mr.C.T.PERUMAL, ADVOCATE IN SR No. 86060 RMK TE/JC/SAR-III : 17/11/2017 : 2P/5C Crl.O.P.(MD)No.10353 of 2011 and M.P.(MD)No.2 of 2011 08.11.2017 https://hcservices.ecourts.gov.in/hcservices/