Madras High CourtCRL OP(MD)/8466/2011disposed of

V.Ipan v. The Superintendent Of Police

2017-11-07Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.8466 of 2011 and M.P.(MD)No. 1 of 2011 V.Ipan ... Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Karungal Police Station, Kanyakumari District.

... Respondents/Complainants PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to quash the charge sheet in C.C.No.119 of 2011 on the file of the Hon'ble Principal District Munsif cum Judicial Magistrate Court at Iranial and further direct to file final report as per order of this Court in CRL.O.P.No.2612 of 2011, dated 01.03.2011.

For Petitioner : Mr.P.Muthu Vijayapandian For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.119 of 2011 in Crime No.111 of 2010, pending on the file of the Principal District Munsif cum Judicial Magistrate Court, Iranial and further direct to file final report as per order of this Court in CRL.O.P.No.2612 of 2011, dated 01.03.2011. 2.Though the learned counsel for the petitioner raised several grounds for quashing the charge sheet filed by the 2nd 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 which was raised in this petition before the trial Court.

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3.I have heard the learned Government Advocate (Criminal side) appearing for the respondents, 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 Principal District Munsif cum Judicial Magistrate Court, Iranial, to complete the trial in C.C.No.119 of 2011 and further direct to file final report as per order of this Court in CRL.O.P.No.2612 of 2011, dated 01.03.2011., within a period of six months from the date of receipt of a copy of this order and the personal appearance of the petitioner is dispensed with, 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, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Principal District Munsif cum Judicial Magistrate Court, Iranial.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Inspector of Police, Karungal Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Vsa/rmi RL/5C/2P/MR/KKR/SAR1/22/11/2017 https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD)No.8466 of 2011 07.11.2017