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Madras High CourtCRL OP(MD)/9244/2011disposed of

N.Stellah v. The Inspector Of Police

2017-11-09Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)Nos.9244 to 9250 of 2011 and M.P.(MD)No.1 of 2011 in all Crl.O.Ps Crl.O.P.(MD)Nos.9244 of 2011 N.Stellah ... Petitioner / Accused No.2 in all the Crl.OPs Vs.

1.The Inspector of Police, Krishnankovil Police Station, ... 1st Respondent / Complainant in Crl.OPs 9244,9246 and 9248 to 9250/11 (Crime Nos.34 of 2008, 47/2009, 35/2008, 189/2008 and 36/2008) 2.T.Azhagar ... 2nd Respondent /Defacto Complainant in Crl.O.P 9244/11 1.THE INSPECTOR OF POLICE, TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

( CRIME NO.765 OF 2008 AND CRIME No.920/2007) 2.K.MUNIYASAMY, S/O.KARUPPAIYA, NO.25/2, MAMANNAR THIRUMALAI NAGAR, MADURAI ROAD, SRIVILLIPUTHUR , VIRUDHUNAGAR DISTRICT.

...2nd RESPONDENT/DEFACTO COMPLAINANT ... in CRL OP(MD). 9245/ 2011 S.MUTHUKRISHNAN, S/O.SHANMUGASUNDARAM PILLAI, NO.2/125, NADU STREET, KUNNOOR, SRIVILLIPUTHUR TALUK, VIRUDHUNAGAR DISTRICT .... 2ND RESPONDENT IN CRL OP(MD). 9246/ 2011 P. SETHUMADHAVAN, S/O. PAULRAJ, SUNDARAJAPURAM, RAJAPALAYAM TALUK, VIRUDHUNAGAR DISTRICT. ... 2ND RESPONDENT IN CRL OP(MD). 9247/ 2011 S. SUNDARAMALIGAM, S/O. CHELLIAYA, NALLAKANNU, KEELTHERU, KUNOOR POST, SRIVILLIPUTHUR TALUK, VIRUDHUNAGAR DISTRICT.

...2ND RESPONDENT in CRL OP(MD). 9248/ 2011

P. KARUPPASAMY, S/O. PUGALENTHI, NORTH STREET, PANANGULAM, VILLUPPANUR POST, SRIVILLIPUTHUR TALUK, VIRUDHUNAGAR.

...2ND RESPONDENT in CRL OP(MD). 9249/ 2011 S. VAIYADURAI, S/O. CHELLAIYA, NALLAKANNU, KEELTHERU, KUNNOOR POST, SRIVILLIPUTHUR TALUK, VIRUDHUNAGAR DISTRICT.

... 2ND RESPONDENT IN CRL OP(MD). 9250/ 2011 COMMON PRAYER IN CRL OP(MD). 9245/ 2011 :

To call for the records pertaining to the criminal proceedings in C.C.No.266 of 2008,C.C No.128/2009, C.C.No.47 Of 2009, C.C.No.103/2009, C.C.No.68/2009 and C.C.No.104/2009 on the file of the Learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District and quash the same as illegal respectively.

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the criminal proceedings in C.C.No.102 of 2009 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District and quash the same.

For Petitioner : Mr.Pinaygash for Mr.T.Lajapathi Raj in all Crl.O.Ps For R1 : Mr.K.Anbarasan Government Advocate (Criminal side) in all Crl.O.Ps For R2 : Mr.S.K.Patturaja in Crl.OPs 9244,9246 to 9250/11 For R2 : Mr.K.Karthikeya Venkatachalapathi in Crl.O.P NO.9245/11 * * * C O M M O N O R D E R These Criminal Original Petitions have been filed to quash C.C.No.102 of 2009 in Crime No.34 of 2008, C.C.No.266 of 2008 in Crime No.765 of 2008, C.C.No. 128 of 2009 in Crime No.47 of 2009, C.C.No.47 of 2009 in Crime No.920 of 2007, C.C.No.103 of 2009 in Crime No.35 of 2008, C.C.No.68 of 2009 in Crime No.189 of 2008 and C.C.No.104 of 2009 in Crime No. 36 of 2008 respectively, pending on the file of the learned Judicial Magistrate No.II, Srivilliputhur, 2.Though the learned counsel for the petitioner raised several grounds for quashing the charge sheets filed by the 1st

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 first 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, Srivilliputhur, Virudhunagar District, to complete the trial in C.C.No.102 of 2009, 266 of 2008, 128 of 2009, 47 of 2009, 103 of 2009, 68 of 2009 and 104 of 2009 respectively 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 her presence is required for disposal of the case.

5. With the above direction, these Criminal Original Petition are disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(RECORD) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Srivilliputhur in Virudhunagar District.

2.The Inspector of Police, Krishnankovil Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The Tnspector of Police, Town Police station, Srivilliputhur, Virudhunagar district.

IS/KMI JS/KK/SAR.1/24.11.2017/3P-5C Crl.O.P.(MD)Nos.9244 to 9250 of 2011 09.11.2017