Madras High CourtCRL OP(MD)/15729/2013disposed of

Visalakshi v. The Inspector Of Police

2018-03-01Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2018

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.15729 of 2013 and M.P.(MD)Nos.1 and 2 of 2013 1.Vishalakshi 2.Thiagarajan ... Petitioners / Accused Nos.4 & 5 Vs.

1.State represented by, The Inspector of Police, All Women Police Station, Thirumayam, Pudukkottai District.

(Crime No.2 of 2007) ... 1st Respondent/Complainant 2.Lakshmanan ... 2nd Respondent/ Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the C.C.No.25 of 2012 on the file of the learned District-cumJudicial Magistrate, Thirumayam and quash the proceedings as against the petitioners herein.

For Petitioners : Mr.D.Rameshkumar For R1 : Mr.A.Robinson Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings relating to the charge sheet in C.C.No.25 of 2012, on the file of the learned District-cum-Judicial Magistrate, Thirumayam.

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.

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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. 4.In the light of the above said submission of the learned counsel for the petitioners, this Court without going into the merits of the case, directs the learned District-cum-Judicial Magistrate, Thirumayam, to complete the trial in C.C.No.25 of 2012, within a period of three months from the date of receipt of a copy of this order and the personal appearance of the first petitioner/Vishalakshi is dispensed with unless the learned Magistrate feels that her presence is required for disposal of the case.

5.With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The District-cum-Judicial Magistrate, Thirumayam.

2. The Inspector of Police, All Women Police Station, Thirumayam, Pudukkottai District.

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

+1CC TO M/S.D.RAMESHKUMAR, ADVOCATE, SR NO.52382 Crl.O.P.(MD)No.15729 of 2013 01.03.2018 Ls MS/JC/SAR-2/16.03.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/