Madras High CourtCRL OP(MD)/14096/2013disposed of

K.Suresh @ Mariappan v. The Inspector Of Police

2018-03-09Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.14096 of 2013 and Crl.M.P.(MD)No.1 of 2013 1.K.Suresh @ Mariappan 2.Thanga Mariappan ... Petitioners/Accused Nos.1 & 2 Vs.

1.State through, The Inspector of Police, Civil Supplies CID, Tuticorin.

(Crime No.33 of 2009) ... 1st Respondent / Complainant 2.The Special Tahsildar, Civil Supplies, Tuticorin.

.. 2nd Respondent / Defacto Complainant PRAYER: The Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.33 of 2009, on the file of the first respondent police and quash the FIR and consequential further proceedings so far as against the petitioners are concerned. For Petitioners : Mr.G.Murugan For Respondents : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

This Criminal Original Petition has been filed to call for the records and quash the FIR in Crime No.33 of 2009, on the file of the first respondent police as against these petitioners.

2. Today, when the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the State on instructions would submit that after completing the investigation in Crime No.33 of 2009, the first respondent police filed charge sheet before the Court concerned and the same was taken on file as C.C.No.36 of 2018 on the file of the learned Judicial Magistrate No.III, Tuticorin. He further submitted that the next hearing date in 23.04.2018 for appearance of the accused.

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3. Though the learned counsel appearing for the petitioners raised several grounds for quashing the proceedings in C.C.36 of 2018, on the file of the learned Judicial Magistrate No.III, Tuticorin, 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.

4. I have heard the learned Government Advocate (Criminal side) appearing for the State, who has also conceded the request made by the learned counsel appearing for the petitioners.

5. 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.III, Tuticorin, to dispose the case in C.C.No.36 of 2018 within a period of six months from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.III, Tuticorin.

2. The Inspector of Police, Civil Supplies CID,Tuticorin.

3.The Special Tahsildar,Civil Supplies,Tuticorin. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO M/S.R.SARAVANAN, ADVOCATE, SR NO.54347 Crl.O.P.(MD)No.14096 of 2013 09.03.2018 PJL MS/SV-MMS/SAR-1/02.04.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/