Madras High CourtCRL OP(MD)/11826/2011disposed of

J.Punitha Jeyapaul v. The Inspector Of Police

2017-11-07Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.11826 of 2011 and M.P.(MD)No.2 of 2011 1.J.Punitha Jeyapaul 2.Jude Anand @ Jude ... Petitioners/Accused Nos.1 & 2 Vs.

The State Rep. By 1.The Inspector of Police, Palayamkottai Police Station, Tirunelveli.

(Crime No.838 of 2010) 2.Raja Seeli ... Respondents/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the charge sheet in C.C.No.88 of 2011 on the file of the Judicial Magistrate Court No.I, Tirunelveli, Tirunelveli District and quash the same.

For Petitioners : Mr.Balaji for Mr.R.Anand For R1 : Mr.K.Anbarasan Government Advocate (Criminal side) For R2 : Mr.T.Lajapathi Roy

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.88 of 2011, pending on the file of the Judicial Magistrate Court No.I, Tirunelveli, 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 https://hcservices.ecourts.gov.in/hcservices/

the trial Court.

3.The learned Government Advocate (Criminal side) appearing for the first respondent submitted that since no interim order was granted by this Court, the trial Court proceeded with the trial and concluded the examination of the witnesses and now the case is posted for arguments.

4.I have heard the learned counsel for the second respondent on the abovesaid submissions made by the learned counsel for the petitioners as well as the learned Government Advocate (Criminal side) appearing for the first respondent.

5.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, Tirunelveli District, to complete the trial in C.C.No.88 of 2011, within a period of three months from the date of receipt of a copy of this order.

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 No.I, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

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

+1cc to Mr.T.LAJAPATHI ROY Advocate in SR. No. 85750 SMN2 JS/JC/SAR.3/20.11.2017/2P-5C Crl.O.P.(MD)No.11826 of 2011 07.11.2017 https://hcservices.ecourts.gov.in/hcservices/