Madras High CourtCRL OP(MD)/11001/2011withdrawn dismissed

Rajasekar v. Devi

2017-03-28Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.11001 of 2011 and MP(MD)No.1 of 2011 1.Rajasekar 2.Duraisamy : Petitioners/Accused 1 and 2 -vsDevi : Respondent/Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure praying to call for the records pertaining to the S.C.No.207/2011 on the file of the learned Additional District & Sessions Judge, (FTC -II) Pattukottai and quash the proceedings as against the petitioners herein.

For Petitioners :

Mr.N.Balakrishnan For Respondents :

Mr.M.R.S.Prabu

O R D E R

When the matter was taken up for hearing, the learned counsel for the petitioner sought permission of this Court to withdraw this petition with liberty to raise all the points before the trial Court.

2. In view of the endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn.

3. It is seen that the trial in S.C.No.207/2011 is pending on the file of the Additional District Sessions Judge, Fast Track Court, No.II, Pattukottai from the year 2011 onwards, on account of the pendency of the quash application. Therefore, https://hcservices.ecourts.gov.in/hcservices/ this Court directs the trial Court to complete the trial in

S.C.No.207/2011 within six months from the date of receipt of a copy of this order, provided, the petitioner/accused cooperates with the trial Court by cross examining the witnesses on the date, they are examined in chief as held by Vinod Kumar v. State of Punjab reported in (2015) 3 SCC 220 and not adopt any dilatory tactics. The de-facto complainant is also directed to cooperate with the trial. Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To:

The Additional District & Sessions Judge, FTC No.II, Pattukottai.

+1cc to M/s. N.BALAKRISHNAN Advocate in SR. NO.18514 RR JS/KP/SAR.3/12.04.2017/2P-3C Order made in Crl.O.P.(MD) No.11001 of 2011 and M.P.Nos.1 and 2 of 2011 Dated: 28.03.2017 https://hcservices.ecourts.gov.in/hcservices/