Madras High CourtCRL OP(MD)/21705/2013disposed of

Anthony Abarna v. The Inspector Of Police

2018-03-26Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2018

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.21705 of 2013 and M.P.(MD)Nos.1 & 2 of 2013 1.Anthony Abarna 2.Anthony Anusiya 3.Subramanian 4.Padmanaban 5.Chelladurai 6.Indrani ... Petitioners/ Accused Nos. 1 to 6 Vs.

1.The State represented by, The Inspector of Police, Vilathikulam Police Station Tuticorin District ... Respondent/Complainant 2.Athilakshmi ... 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 charge sheet in C.C.No.198 of 2013 on the file of the learned Judicial Magistrate Vilathikulam and quash the same. For Petitioners : Mr.M.Subash Babu For Respondent 1 : Mr.A.Robinson Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to call for the records relating to the charge sheet in C.C.No.198 of 2013 on the file of the learned Judicial Magistrate Vilathikulam and quash the same.

2.Though the learned counsel for the petitioners raised several grounds for quashing the proceedings in C.C.No.198 of 2013, 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. However, he requested the appearance of the petitioners may be dispensed with 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. https://hcservices.ecourts.gov.in/hcservices/

4.In the light of the above said submissions of the learned counsel appearing for the petitioners, this Court, without going into the merits of the case, directs the learned learned Judicial Magistrate Vilathikulam, to complete the trial in C.C.No.198 of 2013 within a period of three months from the date of receipt of a copy of this order. Meanwhile, the appearance of the fifth petitioner is dispensed with unless the learned Judicial Magistrate feels that his presence is required for the disposal of the case. 5.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed.

Sd/ Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Vilathikulam 2.The Inspector of Police, Vilathikulam Police Station Tuticorin District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.SUBASH BABU,Advocate, SR.No.58367 Crl.O.P.(MD)No.21705 of 2013 and M.P.(MD)Nos.1 & 2 of 2013 26.03.2018 MSA KK/JC/12.04.2018/SAR-4/2P-5C https://hcservices.ecourts.gov.in/hcservices/