Madras High CourtCRL OP(MD)/13171/2011disposed of

Belmon Victor v. The Sub-Inspector Of Police

2017-11-16Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.13171 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 1.Belmon Victor 2.Gunaseelan 3.S.K.Dhas 4.Ramesh 5.Yesuraj ... Petitioners Vs.

1. The State represented by Sub Inspector of Police, Kulsekaram Police Station, Kanyakumari District.

2. Lobidhass ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet in C.C.No.72 of 2011 pending on the file of the Judicial Magistrate Court, Padmanabhapuram and to quash the same.

For Petitioners: Mr.M.R.Sreenivasan For R1 : Mr.K.Anbarasan Government Advocate (Crl.side) For R2 : Mr.B.Prahalad Ravi for M/s.Hall Mark Associates

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the charge sheet in C.C.No.72 of 2011 pending on the file of the Judicial Magistrate Court, Padmanabhapuram and to quash the same.

2.Though the learned counsel for the petitioners 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 petitioners 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 petitioners. https://hcservices.ecourts.gov.in/hcservices/

4.In the light of the abovesaid submission of the learned counsel for the petitioners, this Court without going into the merits of the case, directs the Judicial Magistrate Court, Padmanabhapuram, to complete the trial in C.C.No.72 of 2011, within a period of six months from the date of receipt of a copy of this order and the personal appearance of the first and second petitioner is dispensed with unless the learned Magistrate feels that their presence is required for 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(crl side) /True Copy/ Sub Assistant Registrar To 1 .The Judicial Magistrate , Padmanabhapuram.

2. -Do- Thro The Chief Judicial Magistrate, Nagercoil.

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

4. The Sub Inspector of Police, Kulsekaram Police Station, Kanyakumari District.

5. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M.R.Sreenivasan, Advocate Sr.No.87719 MM/CP VB/JC/SAR2/27/11/2017/2P/7C Crl.O.P.(MD)No.13171 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 16.11.2017 https://hcservices.ecourts.gov.in/hcservices/