Madras High CourtCRL OP(MD)/12010/2011disposed of

Sivasamy Nathan v. The Inspector Of Police

2017-11-07Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)Nos.12010, 12011 and 12012 of 2011 and M.P.(MD)Nos.1, 1,1,2,2 and 2 of 2011 1.Sivasamy Nathan 2.Thillaipalam 3.Muthukrishnan 4.Muthuraja 5.Sivakami Nathan 6.V.Chandrasekar 7.K.Rajagopal 8.Rasathi 9.Jegan 10.Kumarasamy 11.Manickam 12.Kanithangam 13.Sudalai Muthu Nadar 14.Pandaram 15.Selvaraj ... Petitioners in all Crl.O.Ps/ Accused Nos.2 to 16 Vs.

1. State Represented by, The Inspector of Police, Thirukugungudi Police Station, Cr.Nos.32,33 and 31 of 2011, Tirunelveli District. ... 1st Respondent in Crl.O.P.(MD)Nos.12010 to 12012/2011

2. Ayyappan Village Administrative Officer, Thirukurungudi part no.1, ... 2nd Respondent in Crl.O.P.(MD)Nos.12010,12012/2011/ Defacto Complainant

3. R.V.Manju, Village Administrative Officer, Thirukurungudi part no.2, ... 2nd Respondent in Crl.O.P.(MD)No.12011 of 2011/ Defacto Complainant COMMON PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records from the lower Court charge sheet in S.T.C.Nos.1948, 1949 and 1947 of 2011 on the file of the Judicial Magistrate, Valliyoor, Tirunelveli District and to quash the same.

For Petitioners : Mr.S.Ragaventhree For 1st Respondent : Mr.K.Anbarasan Government Advocate (Crl.side) For 2nd Respondent : No appearance

O R D E R

This Criminal Original Petition has been filed to quash S.T.C.Nos.1948, 1949 and 1947 of 2011 , pending on the file of the Judicial Magistrate, Valliyoor, Tirunelveli District. 2.Though the learned counsel for the petitioners raised several grounds for quashing the S.T.C.Nos.1948, 1949 and 1947 of 2011, 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.

3.In the light of the above said submission of the learned counsel for the petitioners, this Court without going into the merits of the case, directs the learned Judicial Magistrate, Valliyoor, Tirunelveli District, to complete the trial in S.T.C.Nos.1948, 1949 and 1947 of 2011, within a period of six months from the date of receipt of a copy of this order and considering the age of the petitioners 1,5,10,13 and 14, I am inclined to dispense with their personal appearance before the Court below. Accordingly, their personal appearance is dispensed with unless the learned Magistrate feels that their presence is required for the disposal of the cases.

4.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Valliyoor,

2. The Inspector of Police, Thirukugungudi Police Station,

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

4. The Village Administrative Officer, Thirukurungudi Part No.1,

5. The Village Administrative Officer, Thirukurungudi Part No.2, + 1 CC TO Mr.S.RAGAVENTHRE, ADVOCATE IN SR No. 85843 VSA/RMI TE/GT/SAR-3 : 27/11/2017 : 3P/7C Crl.O.P.(MD)Nos.12010, 12011 & 12012 of 2011 & M.P.(MD)Nos.1, 1,1,2,2 and 2 of 2011 07.11.2017