Madras High CourtCRL OP(MD)/13282/2013disposed of

Shajahan v. The Inspector Of Police

2018-02-14Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.13282 of 2013 and M.P.(MD)No.1 & 2 of 2013 1.Shajahan 2.Mohammed Ajmeer Saribu 3.Rayuthu Beevi .. Petitioners/Accused Nos. 1 to 3 Vs.

1.State represented by, The Inspector of Police, All Women Police Station, Rameswaram, Cr.No.02 of 2012, Ramanathapuram District. .. Respondent/Complainant 2.Rabeek Nisha ... Respondent/Defacto Complainant PRAYER: The Petition filed under Section 482 of Cr.P.C. to call for the records in C.C.No.133 of 2012 on the file of the Judicial Magistrate No.II, Ramanathapuram, Ramanathapuram District and to quash the same.

For Petitioners : Mr.S.Ragaventhre For R1 : Mr.A.Robinson Government Advocate (Crl.side) For R2 : Mr.S.A.S.Alaudeen

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.133 of 2012 on the file of the Judicial Magistrate No.II, Ramanathapuram, Ramanathapuram District and to quash the same.

2.Though the learned counsel appearing for the petitioners raised several grounds for quashing the proceedings in C.C.No.133 of 2012, 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 https://hcservices.ecourts.gov.in/hcservices/

petitioners to raise all the grounds, which are raised in this petition, before the Trial Court. However, he requested that the appearance of the petitioners may be dispensed with 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 appearing for the petitioners. 4.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 Judicial Magistrate No.II, Ramanathapuram, Ramanathapuram District to dispose the case in C.C.No.133 of 2012 within a period of three months from the date of receipt of a copy of this order. Meanwhile, the appearance of the third petitioner is dispensed with unless the learned Judicial Magistrate feels that her presence is required for the disposal of the case. 5.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed.

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

1. The Judicial Magistrate No.II, Ramanathapuram, Ramanathapuram District.

2. The Inspector of Police, All Women Police Station, Rameswaram, Ramanathapuram District.

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

+ 1 cc TO Mr.S.Ragaventhre , Advocate in SR No. 48985 gns AE/KK/SAR4/28.02.2018/2P/5C Crl.O.P.(MD)No.13282 of 2013 and M.P.(MD)No.1 & 2 of 2013 14.02.2018 https://hcservices.ecourts.gov.in/hcservices/