Madras High CourtCRL OP(MD)/16152/2011disposed of

Solairaj, v. The Inspector Of Police,

2017-11-10Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.16152 of 2011 and Crl.M.P.(MD)Nos.1 & 2 of 2011 1.Solairaj 2.Mariammal ... Petitioners / Accused No.2 & 3 Vs.

State Rep. By

1. The Inspector of Police, All Women Police Station, Virudhunagar, Virudhunagar District.

(In Crime No.02 of 2011) ... Respondent No.1/Complainant 2.Murugeswari, ... Respondent No.2/Defacto Complainant 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.120 of 2011 on the file of the Judicial Magistrate Court, No.II, Virudhunagar, and quash the same. For Petitioners : Mr.G.Marimuthu For R1 : Mr.K.Anbarasan Government Advocate (Criminal side) For R2 : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.120 of 2011 in Crime No.02 of 2011, pending on the file of the Judicial Magistrate Court, No.II, Virudhunagar. 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 https://hcservices.ecourts.gov.in/hcservices/ petition before the trial Court.

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. He further submitted that while entertaining this case, this Court had not granted any interim order. Since there is no interim order, the prosecution examined five witnesses.

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 Judicial Magistrate Court, No.II, Virudhunagar, to complete the trial in C.C.No.120 of 2011, within a period of six months from the date of receipt of a copy of this order and the personal appearance of the petitioners is dispensed with unless the learned Magistrate feels that their presence is required for disposal of the case. 5.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. TheJudicial Magistrate Court, No.II, Virudhunagar.

2. The Inspector of Police, All Women Police Station, Virudhunagar, Virudhunagar District.

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

+1cc to M/S.G.M.LAW OFFICE, Advocate SR.No.86596. Crl.O.P.(MD)No.16152 of 2011 10.11.2017 smi/rmk SDS/MR:KKR/SAR 2/24.11.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/