Madras High CourtCRL OP(MD)/12714/2011disposed of

S.K.K.M Tharik Wahib v. The Inspector Of Police

2017-11-10Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.12714 of 2011 and Crl.M.P.(MD)Nos.2 & 3 of 2011 S.K.K.M.Tharik Wahib ... Petitioner / Sole Accused Vs.

State Rep. By 1.The Inspector of Police, Cumbum South Police Station, Theni District.

(In Crime No.300 of 2010) ... 1st Respondent / Complainant 2.K.Kumaresan, ... 2nd Respondents / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the charge sheet in C.C.No.89 of 2011 pending on the file of Judicial Magistrate Court, Uthamapalayam.

For Petitioner : Mr.Sultan Basha For R1 : Mr.K.Anbarasan Government Advocate (Criminal side) For R2 : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.89 of 2011 in Crime No.300 of 2010, pending on the file of the Judicial Magistrate Court, Uthamapalayam. 2.Though the learned counsel for the petitioner 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 petitioner to raise all the grounds raised in this petition before the trial Court.

3.I have heard the learned Government Advocate (Criminal side) appearing for the first respondent, who has also conceded the request of the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.In the light of the above said submission of the learned counsel for the petitioner, this Court without going into the merits of the case, directs the learned Judicial Magistrate Court, Uthamapalayam, to complete the trial in C.C.No.89 of 2011, within a period of six months from the date of receipt of a copy of this order.

5.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 1.The Judicial Magistrate, Uthamapalayam.

2.The Inspector of Police, Cumbum South Police Station, Theni District.

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

+1cc to M/s.AJMAL ASSOCIATES in SR. No. 86775 SMI/RMK JS/JC/SAR.3/20.11.2017/2P-5C Crl.O.P.(MD)No.12714 of 2011 10.11.2017 https://hcservices.ecourts.gov.in/hcservices/