Madras High CourtCRL OP(MD)/19048/2013disposed of

Namasivayam v. The Inspector Of Police

2015-07-02Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.19048 of 2013 and M.P.(MD).Nos.1 & 2 of 2013 1.Namasivayam 2.Murugan ... Petitioners Vs.

1.The State rep by its, The Inspector of Police, District Crime Branch, Kanyakumari District, Nagercoil.

In Crime No.9/2004

2. Ayoobkhan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records to the proceedings in C.C.No.38/06 on the file of the Learned Judicial Magistrate No.II, Kuzhithurai and quash the same.

For Petitioners : Mr.A.MAHENDRA VARAMA For Respondent-1 : Mrs.S.Prabha Government Advocate(Crl. Side)

O R D E R

Seeking direction to call for records relating to the order in C.C.No.38/06 on the file of the Learned Judicial Magistrate No.II, Kuzhithurai and quash the same, the petitioners have come up with this petition.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the first respondent and perused the records.

3. After arguing for some time, the learned counsel for the petitioners submits that it would suffice, if the personal appearance of the petitioners before the trial Court is dispensed with.

4. Accordingly, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are also closed. However, all the issues are left open to be raised before the Court below. Considering the submission made, personal appearance of the petitioners https://hcservices.ecourts.gov.in/hcservices/

before the Court below is dispensed with until and unless the same is required. The learned Judicial Magistrate No.II, Kuzhithurai is directed to dispose of C.C.No.38/06 within a period of nine months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Kuzhithurai.

2. The Inspector of Police, District Crime Branch, Kanyakumari District, Nagercoil.

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

+1cc to M/S.JEYAKARTHIK, Advocate in SR.No 35847 TS/03.07.2015/2P -5C Crl.O.P.(MD)No.19048 of 2013 and M.P.(MD).Nos.1 & 2 of 2013 02.07.2015 https://hcservices.ecourts.gov.in/hcservices/