Madras High CourtCRL OP(MD)/12583/2013dismissed as infructuous

Ramalingam v. K.Jegadeesan

2018-02-26Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2018

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.12583 of 2013 and M.P.(MD).Nos.1 & 2 of 2013 1.Ramalingam 2.Senthilkumar ... Petitioners/ Accused Vs.

K.Jegadeesan

...Respondent/Complainant

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in relating to the impugned order of the learned II Additional District Munsif Cum Judicial Magistrate, Kumbakonam, dated 03.06.2013 made in P.R.C.No.12 of 2013 taking the complaint of the respondent on its file to set aside.

For Petitioners : Mr.C.Jegannathan

O R D E R

This Criminal Original Petition has been filed to call for the records in relating to the impugned order of the learned II Additional District Munsif Cum Judicial Magistrate, Kumbakonam, dated 03.06.2013 made in P.R.C.No.12 of 2013 taking the complaint of the respondent on its file to set aside.

2.Though the learned counsel appearing for the petitioners raised several grounds for quashing the proceedings in P.R.C.No.12 of 2013, 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. However, he requested the appearance of the petitioners may be dispensed with before the Trial Court. 3.In the light of the above said submissions of the learned counsel appearing for the petitioners, this Court, without going into the merits of the case, directs the learned II Additional District Munsif Cum Judicial Magistrate, Kumbakonam to commit the case in P.R.C.No.12 of 2013 to the Court of Sessions, within a period of two months from the date of receipt of a copy of this order. Thereafter, the learned District and Sessions Judge, https://hcservices.ecourts.gov.in/hcservices/

Thanjavur is directed to take steps to complete the trial within a period of four months either by himself only or made over to other Sessions Court. Since the petitioners are working in the Tamil Nadu Police Department, the appearance of the petitioners is dispensed with unless the Trial Judge feels that their presence is required for the disposal of the case.

4.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The District and Sessions Judge, Thanjavur.

2. The II Additional District Munsif Cum Judicial Magistrate, Kumbakonam.

+1cc to M/s. Veera Associates, Sr.No.51370 MSA VB/SV/MMS/SAR3/16/03/2018/2P/4C Crl.O.P.(MD)No.12583 of 2013 and M.P.(MD).Nos.1 & 2 of 2013 26.02.2018 https://hcservices.ecourts.gov.in/hcservices/