Madras High CourtCRL OP(MD)/7019/2011disposed of

Rajeswari v. The Deputy Superintendent Of

2017-11-01Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.7019 of 2011 and M.P.(MD)Nos.2 and 3 of 2011 Rajeswari ... Petitioner/Accused No.14 Vs.

State represented by, The Deputy Superintendent of Police, CCIW CID Wing, Tirunelveli.

... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating the Charge Sheet in C.C.No.4 of 2006 on the file of the Judicial Magistrate Court No.II, Tirunelveli and quash the same. For Petitioner : Mr.R.Senthur Pandiyan For Respondent : Mr.K.Anbarasan Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.4 of 2006, pending on the file of the Judicial Magistrate No.II, Tirunelveli.

2.Though the learned counsel for the petitioner raised several grounds for quashing the charge sheet filed by the 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 Government Advocate (Criminal side) appearing for the respondent, who has also conceded the request of the learned counsel for the petitioner.

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.II, Tirunelveli, to complete the trial in C.C.No.4 of 2006, within a period of three months from the date of receipt of a copy of this https://hcservices.ecourts.gov.in/hcservices/

order, if the trial is not yet completed and the personal appearance of the petitioner is dispensed with unless the learned Magistrate feels that her presence is required for disposal of the case.

5. With the above direction, the Criminal Original Petition is disposed of. Consequently, connected M.P.(MD).No.2 of 2011 is also closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Tirunelveli.

2.The Deputy Superintendent of Police, CCIW CID Wing, Tirunelveli.

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

Crl.O.P.(MD)No.7019 of 2011 01.11.2017 PJL JM/KK/SAR 1/16.11.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/