Madras High CourtCRL OP(MD)/10532/2011disposed of

A. Muniappan v. Haji Abusali

2017-11-03Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.10532 of 2011 and M.P.(MD)No.1 of 2011 A.Muniappan ... Petitioner/Accused Vs.

Haji Abusali ... Respondent/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.1 of 2011, on the file of the Chief Judicial Magistrate, Ramanathapuram and quash the same.

For Petitioner : C.Vakeeswaran For Respondent : Mr.Sulthan Basha for M/s.Ajmal Associates

O R D E R

This Criminal Original Petition has been filed to quash the case in C.C.No.1 of 2011, pending on the file of the learned Chief Judicial Magistrate, Ramanathapuram.

2. I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record.

3. On perusal of the records, this Court feels that there is some disputed question of facts and arguable points involved in this case. Hence, discussing the merits of the case shall adversely affect the parties before the trial Court. Therefore, this Court is of the view 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 petitioner to raise all the grounds raised in this petition before the trial Court.

4. Accordingly without going into the merits of the case, this Court, directs the learned Chief Judicial Magistrate, Ramanathapuram, to complete the trial in C.C.No.1 of 2011, within a https://hcservices.ecourts.gov.in/hcservices/

period of three months from the date of receipt of a copy of this order, if the trial is not yet completed and the personal appearance of the petitioners was dispensed with by this Court on 12.08.2011 and the same is confirmed, unless the learned Magistrate feels that his presence is required for disposal of the case.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently the Connected Miscellaneous Petition is Closed.

Sd/- Assistant Registrar(RECORD) /True Copy/ Sub Assistant Registrar To 1.The Chief Judicial Magistrate, Ramanathapuram.

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

+1cc to Mr.C.VAKEESWARAN Advocate in SR. No. 85283 +1cc to M/s. AJMAL ASSOCIATES in SR. No. 85431 PJL JS/JC/SAR.3/20.11.2017/2P-5C Crl.O.P.(MD)No.10532 of 2011 03.11.2017 https://hcservices.ecourts.gov.in/hcservices/