Madras High CourtCRL OP(MD)/7760/2011disposed of

Rajendran v. Tmt. Aysha Mustafa

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.7760 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Rajendran ... Petitioner/Accused Vs.

Aysha Mustafa ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to C.C.No.308 of 2009 on the file of the learned Judicial Magistrate No.II, Nagercoil and quash the same.

For Petitioner : Mr.N.Sivakumar For Respondent : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.308 of 2009, pending on the file of the learned Judicial Magistrate No.II, Nagercoil.

2.Though the learned counsel for the petitioners raised several grounds for quashing the case in C.C.No.308 of 2009 on the file of the learned Judicial Magistrate No.II, Nagercoil, 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.

3. I have heard the learned counsel for the petitioner and there was no appearance for the respondent.

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, Nagercoil, to complete the trial in C.C.No.308 of 2009, within a period of three months from the date of receipt of a copy of this order, if the trial is not yet completed. The personal appearance of https://hcservices.ecourts.gov.in/hcservices/

the petitioner before the trial Court was dispensed with by this Court on 28.06.2011 and the same is confirmed, unless the learned Magistrate feels that his presence is required for disposal of the case.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected M.P.(MD).No.1 of 2011 is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Nagercoil.

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

PJL JS/GT/SAR.2/21.11.2017/2P-3C Crl.O.P.(MD)No.7760 of 2011 01.11.2017 https://hcservices.ecourts.gov.in/hcservices/