Madras High CourtCRL OP(MD)/17244/2011disposed of

N. Kutty @ Raghavan v. The Inspector Of Police

2017-11-17Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.17244 of 2011 and Crl.M.P.(MD)Nos.1 & 2 of 2011 N.Kutty@Raghavan ... Petitioner / Accused Vs.

1.State represented by the Inspector of Police, Koomapatti Police Station, Virudhunagar District.

... Respondent / Complainant 2.Dr.Jagannath Prabhu, ... Respondent / 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 impugned Criminal Proceedings in C.C.No.71 of 2011 on the file of the Judicial Magistrate No.I, Srivilliputhur and quash the same.

For Petitioner : Mr.T.Antony Arul Raj For R-1 : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor For R-2 : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.71 of 2011 on the file of the Judicial Magistrate No.I, Srivilliputhur.

2.Though the learned counsel for the petitioner 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 petitioner to raise all the grounds raised in this petition before the trial Court. 3.I have heard the learned Additional Public Prosecutor appearing for the first respondent, who has also conceded the request of the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 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.I, Srivilliputhur, to complete the trial in C.C.No.71 of 2011, within a period of six months from the date of receipt of a copy of this order. The petitioner is directed to appear one time for receiving a copy and thereby, the personal appearance of the petitioner is dispensed with unless and untill 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(Crl side) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Srivilliputhur.

2.TheInspector of Police, Koomapatti Police Station, Virudhunagar District.

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

Smi/cp KK/SVMMS/SAR 2/28.11.2017/ 2P- 4C/ Crl.O.P.(MD)No.17244 of 2011 17.11.2017 https://hcservices.ecourts.gov.in/hcservices/