Madras High CourtCRL OP(MD)/1473/2011disposed of

S. Pitchaikani v. A. Vemmurugan

2017-10-27Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.(MD)No.1473 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 1.S.Pitchaikani 2.S.Humayun Kabir ... Petitioners/Accused Nos.3 & 4 -VsA.Velmurugan ... Respondent/Complainant PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to the case in C.C.No.85 of 2008 on the file of the Judicial Magistrate Court No.1, Madurai and quash the same as illegal in so far as the petitioners are concerned.

For Petitioners : Mr.V.P.Rajan For Respondent : Mr.Rajeshkumar Dejango

O R D E R

This petition has been filed by the petitioners, to quash the case in C.C.No.85 of 2008, on the file of the learned Judicial Magistrate No.1, Madurai in so far the petitioners are concerned. 2.Though the learned counsel for the petitioners raised several grounds for quashing the C.C.No.85 of 2008, on the file of the learned Judicial Magistrate No.I, Madurai, 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 counsel for appearing for the respondent, who has also conceded the request of the learned counsel appearing for the petitioners.

4. In the light of the above said submission made by the learned counsel for the petitioners, this Court without going into the merits of the case, directs the learned Judicial Magistrate No.I, Madurai to complete the trial in C.C.No.85 of 2008, within a period of three months from the date of receipt of a copy of this order and the personal appearance of the petitioners is dispensed with unless the learned Magistrate feels that their presence is required for disposal of the case.

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5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected M.P.(MD).No.1 of 2011 is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.1, Madurai .

2.-Do- through The Chief Judicial Magistrate, Madurai.

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

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

+1cc to M/S.T.Vadivelan, Advocate SR.No. 84495 CRL.O.P.(MD)No.1473 of 2011 27.10.2017 pjl JM/KK/SAR 3/10.11.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/