Madras High CourtCRL OP(MD)/12418/2011disposed of

Umamaheswaran v. A.Subbu

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.12418 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 1.Umamaheshwaran 2.S.K.Krishnan 3.Paul Raj ... Petitioners/Respondents 1 to 3 Vs.

A.Subbu ... Respondent/Appellant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to Crl.M.P.No.1059 of 2011 on the file of the Judicial Magistrate Court No.II, Nagercoil, and quash the same.

For Petitioners : Mr.S.Gokul Raj For Respondent : Mr.R.Manimaran

O R D E R

This Criminal Original Petition has been filed to quash Crl.M.P.No.1059 of 2011 on the file of the Judicial Magistrate Court No.II, Nagercoil.

2.Though the learned counsel for the petitioners raised several grounds for quashing the proceedings relating to Crl.M.P.No.1059 of 2011, he submitted that it would suffice, if a direction is issued to the trial Court to complete the enquiry and pass appropriate orders, 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 Court below.

3.I have heard the learned counsel for the respondent. 4.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 No.II, Nagercoil, to complete the enquiry relating to Crl.M.P.No.1059 of 2011 and pass appropriate orders on merits and in accordance with https://hcservices.ecourts.gov.in/hcservices/

law, within a period of six months from the date of receipt of a copy of this order and considering the age of the second petitioner, the personal appearance of the second petitioner is dispensed with unless the learned Magistrate feels that his presence is required for the disposal of the case.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate No.II, Nagercoil.

+ 1 CC TO Mr.S.GOKULRAJ, ADVOCATE IN SR No. 85828 SMN2 TE/KP/SAR-IV : 16/11/2017 : 2P/3C Crl.O.P.(MD)No.12418 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 07.11.2017 https://hcservices.ecourts.gov.in/hcservices/