Madras High CourtCRL OP(MD)/15792/2011disposed of

Deepa v. The Sub Inspector Of Police,

2017-11-28Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.15792 of 2011 and M.P.(MD)No. 1 of 2011 Deepa ... Petitioner/Accused No.4 Vs.

1.State rep. by The Sub Inspector of Police, All Women Police Station, Nagercoil. ... 1st Respondent/Complaiant 2.Teena ... 2nd Respondent/Defacto Complaiant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the charge sheet in C.C.No.106 of 2010 on the file of the Judicial Magistrate No.II, Nagercoil and quash the charge sheet as far as this petitioner / accused no.4 by allowing this Criminal Original Petition.

For Petitioners : Mr.D.Nallathambi For 1st Respondent : Mr.K.Anbarasan Government Advocate For 2nd Respondent : Mr.Shaji Chellan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.106 of 2010, on the file of the learned Judicial Magistrate No.II, Nagercoil.

2.Though the learned counsel for the petitioner raised several grounds for quashing the C.C.No.106 of 2010, 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. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate appearing for the State

would submit that the case is in progress and all the witness were examined and the case is posted for further argument. 4.In the light of the above said submission of the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the learned Judicial Magistrate No.II, Nagercoil, to complete the trial in C.C.No.106 of 2010, within a period of six months from the date of receipt of a copy of this order and the personal appearance of the petitioner is dispensed with unless the learned Magistrate feels that her presence is required for the disposal of the cases.

5.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Nagercoil, Kanyakumari Distirct.

2. The Sub Inspector of Police, All Women Police Station, Nagercoil.

+ 1 cc TO Mr.D.Nallathambi , Advocate in SR No. 90151 + 1 cc TO Mr.L.Shaji Chellan , Advocate in SR No. 90211 rmi AE/SKN RSK/SAR1/15.12.2017/2P/5C Crl.O.P.(MD)No.15792 of 2011 and M.P.(MD)No. 1 of 2011 28.11.2017 https://hcservices.ecourts.gov.in/hcservices/