Madras High CourtCRL OP(MD)/16150/2011disposed of

Alaviya v. The Inspector Of Police

2017-11-15Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.16150 of 2011 and Crl.M.P.(MD)Nos.1 and 2 of 2011 1.Alaviya 2.Ibrahim @ Yasin 3.Thasmiya 4.Ameerjan

...Petitioners/Accused Nos.3 to 6

Vs.

State Rep. By 1.The Inspector of Police, All Women Police Station (South), Madurai City.

(Crime No.11 of 2011) ... 1st Respondent/Complainant 2.Shabeen ... 2nd Respondent/De facto complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the case in C.C.No.166 of 2011 pending on the file of the learned Judicial Magistrate No.I, Madurai, Madurai District and quash the same.

For Petitioners : Mr.S.Balaji For R1 : Mr.K.Anbarasan learned Government Advocate (Crl. side) For R2 : Mr.S.M.A.Jinnah

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.166 of 2011 in Crime No.11 of 2011, pending on the file of the learned Judicial Magistrate No.I, Madurai, Madurai District. https://hcservices.ecourts.gov.in/hcservices/ 2.Though the learned counsel for the petitioners raised

several grounds for quashing the charge sheet filed by the first respondent, 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.The learned Government Advocate (Criminal side) appearing for the first respondent submitted that after transfer of the said C.C.No.166 of 2011 to the Additional Mahila Court, Madurai, the same has been re-numbered as C.C.No.158 of 2014 and he has also conceded the request of the learned counsel for the petitioners. 4.I have heard the learned counsel for the second respondent on the above said submissions.

5.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 Additional Mahila Court, Madurai, to complete the trial in C.C.No.158 of 2014, within a period of six months from the date of receipt of a copy of this order. The parties are directed to appear before the Court for receiving the copies, if not received. The personal appearance of the first and third petitioners are dispensed with unless the learned Magistrate feels that their presence is required for disposal of the case. 6.With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petitions are closed.

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

2.The Additional Mahila Court, Madurai.

3.The Inspector of Police, All Women Police Station (South), Madurai City.

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

RMK/PSD JS/KK/SAR.3/6.12.2017/2P-5C Crl.O.P.(MD)No.16150 of 2011 and Crl.M.P.(MD)Nos.1 and 2 of 2011 15.11.2017 https://hcservices.ecourts.gov.in/hcservices/