Madras High CourtCRL OP(MD)/23154/2022disposed of

Hentry Pushparaj v. The Inspector Of Police

2023-04-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.23154 of 2023 and Crl.M.P(MD).No.16424 of 2022 1.Hentry Pushparaj 2.Jhon Mesthan Prabhu ... Petitioners Vs.

1.The Inspector of Police, Samayapuram Police Station, Trichy District.

2.Anandraj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the C.C.No. 199 of 2018 on the file of the learned Judicial Magistrate No.III, Trichy and quash the same in so far as the petitioners are concerned. For Petitioners : Mr.M.Suresh For R1 : Mr.Suresh Kumar Government Advocate(Crl. Side) For R2 : No appearance 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records relating to the C.C.No. 199 of 2018 on the file of the learned Judicial Magistrate No.III, Trichy and quash the same in so far as the petitioners are concerned.

2. The grievances of the petitioner is that charge sheet was filed in the year 2018 and charges have also been framing from 11.10.2021 to till date. Summons were served upon the witnesses and on that ground, the case was continuously adjourned for the past two years.

3. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent police.

4. It appears that summons have not been served upon the witnesses and the reason for non-serving the summons to the witnesses is also not known, since the respondent police is not present before this Court, today.

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5. Considering the facts and the circumstances of this case, there shall be a direction to the learned Judicial Magistrate No.III, Trichy, to complete the trial process in C.C.No.199 of 2018 within a period of two months from the date of receipt a copy of this order. If the trial process shall not be completed within a period of two months from the date of receipt of copy of this order, liberty is granted to the petitioner to approach this Court for seeking quashment of C.C.No.199 of 2018.

6. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected criminal miscellaneous petition is closed.

21.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta To 1.The Inspector of Police, Samayapuram Police Station, Trichy District.

2.The Additional Public Prosecutor, 3/4

Madurai Bench of Madras High Court, Madurai.

G.ILANGOVAN,J tta Order made in Dated: 21.04.2023 4/4