Madras High CourtCRL OP(MD)/1045/2011disposed of

S.Sheik Mansoor v. Inspector Of Police

2017-11-13Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.1045 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 and 1 of 2013 1.S.Sheik Mansoor 2.S.Fathima 3.S.M.Nazar 4.Jasmine 5.S.A.S.Masoothammal ... Petitioners/Accused Nos.A1 to A5 Vs.

1. The State Represented by The Inspector of Police, District Crime Branch, Tirunelveli District.

(In Crime No.48 of 2008) ...1st Respondent/Complainant

2. Mohammed Ismail ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the charge sheet in C.C.No.588 of 2010 on the file of Judicial Magistrate No.1, Tirunelveli and quash the same as illegal. For Petitioners :Mr.Sulthan Basha For 1st Respondent :Mr.K.Anbarasan Government Advocate(Criminal side) For 2nd Respondent :Mr.Haja Mohideen

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.588 of 2010, pending on the file of the Judicial Magistrate No.I, 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 https://hcservices.ecourts.gov.in/hcservices/

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.

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 learned Judicial Magistrate No.I, Tirunelveli District, to complete the trial in C.C.No.588 of 2010, within a period of six months from the date of receipt of a copy of this order and the personal appearance of the petitioners No.2, 4 and 5 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 petitions are closed.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Tirunelveli District.

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

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

+1cc to Mr.A.Haja Mohideen, Advocate Sr.No.86777 +1cc to M/s. Ajmal Associates, Sr.No.86998 VSG VB/GT/SAR4/22/11/2017/2P/6C Crl.O.P.(MD)No.1045 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 and 1 of 2013 13.11.2017 https://hcservices.ecourts.gov.in/hcservices/