Madras High CourtCRL OP(MD)/899/2011disposed of

Pandiselvi v. M. Karthikayini

2017-11-13Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)Nos.899, 908 of 2011 and 14767 of 2010 and M.P.(MD)Nos.2,3,2 and 3 of 2011 and 2,3 of 2010 Crl.O.P.(MD)No.899 of 2011:

Pandiselvi ... Petitioner/2nd Accused Vs.

M.Karthikayini ... Respondent/ De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records proceedings in C.C.No.26 of 2010 on the file of the judicial Magistrate No.1, Sattur and quash the proceedings as against the petitioner by allowing the Criminal Original Petition. For Petitioner : Mr.A.K.Manickam For Mr.J.Lawrance For Respondent : Mr.A.Suresh Babu Crl.O.P.(MD)No.908 of 2011:

1.R.Mariappan 2.M.Rajendran ... Petitioners/1st & 3rd Accused Vs.

M.Karthikayini ... Respondent/De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records of the proceedings in C.C.No.26 of 2010 on the file of the judicial Magistrate No.1, Sattur and quash the proceedings as against the petitioners by allowing the Criminal Original Petition. For Petitioners : Mr.N.R.Balaji Srinivassan For Respondent : Mr.A.Suresh Babu

Crl.O.P.(MD)No.14767 of 2010:

1.D.Ayyappan 2.P.Vadivel 3.R.Kottai Muniandi ... Petitioners/ 4 to 6 Accused Vs.

M.Karthikayini ... Respondent/De-facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records of the proceedings in C.C.No.26 of 2010 on the file of the judicial Magistrate No.1, Sattur and quash the proceedings as against the petitioners by allowing the Criminal Original Petition. For Petitioners : Mr.N.R.Balaji For Respondent : Mr.A.Suresh Babu

O R D E R

These Criminal Original Petitions have been filed to quash C.C.No.26 of 2010 pending on the file of the judicial Magistrate No.1, Sattur.

2.Though the learned counsel for the petitioners raised several grounds for quashing the charge sheet filed by the respondent 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 these petitions before the trial Court.

3.I have heard the learned counsel appearing for the respondent, who has also conceded the request of the learned counsel for the petitioners.

4.In the light of the abovesaid submission of the learned counsel for the petitioners, this Court without going into the merits of the case, directs the learned Judicial Magistrate No.1, Sattur, to complete the trial in C.C.No.26 of 2010, within a period of three months from the date of receipt of a copy of this order and the personal appearance of the petitioner namely, Pandiselvi is dispensed with unless the learned Magistrate feels that their presence is required for disposal of the case. 5.With the above direction, these Criminal Original Petitions

are disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(RECORD) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Sattur.

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

+1cc to M/s. N.R.BALAJI Advocate in SR. No. 86818 +1cc to M/s.J.LAWRANCE Advocate in SR. No. 86819 VSG JS/SV.MMS/SAR.1/27.11.2017/3P-5C Crl.O.P.(MD)Nos.899, 908 of 2011 and 14767 of 2010 13.11.2017