Madras High CourtCRL OP(MD)/14867/2011disposed of

A. Arivu Rajan v. The Inspector Of Police

2017-11-09Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2017

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.14867 of 2011 and M.P.(MD).Nos.2 and 3 of 2011 A.Arivurajan ... Petitioners/Accused -Vs1.Tamil Nadu State rep. by the Inspector of Police, All Women Police Station, Sankarankoil, Thirunelveli District.

... 1st Respondent/Complainant 2.Santhi ... 2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for records relating to the charge sheet in C.C.No.227 of 2010 dated 28.07.2010 on the file of the District Munsif Cum Judicial Magistrate Court, Sivagiri and quash the same. For Petitioners : Mr.F.X. Eugene For Respondent No.1 : Mr.K. Anbarasan Government Advocate (Crl. Side) For Respondent No.2 : Mr. T. Pon Ramkumar

O R D E R

This Criminal Original Petition has been filed to to call for records relating to the charge sheet in C.C.No.227 of 2010 dated 28.07.2010 on the file of the District Munsif Cum Judicial Magistrate, Sivagiri and quash the same.

2.Though the learned counsel appearing for the petitioners raised several grounds for quashing the case the charge sheet in C.C.No.227 of 2010 on the file of the learned District Munsif Cum Judicial Magistrate, Sivagiri, 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 counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent and the learned counsel appearing for the second respondent.

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4. In the light of the above said submission made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the the learned District Munsif Cum Judicial Magistrate, Sivagiri, to complete the trial in C.C.No.227 of 2010, within a period of six months from the date of receipt of a copy of this order, if the trial is not yet completed. The personal appearance of the petitioner before the trial Court was dispensed with by this Court on 16.11.2011 and the same is confirmed, unless the learned Magistrate feels that his presence is required for disposal of the case.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected M.P(MD).No.2 of 2011 is closed and MP(MD).No.3 of 2011 is ordered accordingly. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The learned District Munsif Cum Judicial Magistrate, Sivagiri.

2.The Inspector of Police, All Women Police Station, Sankarankoil, Thirunelveli District.

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

+1cc to M/S.F.X.EUGENE, Advocate SR.No.86499. +1cc to M/S.T.PON RAMKUMAR, Advocate SR.No.86326. Crl.O.P.(MD)No.14867 of 2011 and M.P.(MD).Nos.2 and 3 of 2011 09.11.2017 trp SDS/SV:MMS/SAR 1/19.01.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/