Madras High CourtCRL OP(MD)/9579/2011disposed of

Rajapandi v. The Inspector Of Police

2017-11-08Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.9579 of 2011 and M.P.(MD)Nos.1 & 2 of 2011 1.Rajapandi 2.Mallika 3.Mani ... Petitioners/Accused Vs.

State Rep. By 1.The Inspector of Police, All Woman Police Station, Melur.

(Crime No.02 of 2007) ... Respondent/Complainant 2.Kasiammal ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the C.C.No.94 of 2008 pending on the file of the learned Judicial Magistrate, Melur and quash the same.

For Petitioners : Mr.S.MP.Amalan For R1 : Mr.K.Anbarasan Government Advocate (Criminal side) For R2 : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.94 of 2008 in Crime No.02 of 2007, pending on the file of the learned Judicial Magistrate, Melur 2.Though the learned counsel for the petitioners raised several grounds for quashing the charge sheet 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 petitioners to raise all the grounds raised in this petition before the trial Court.

https://hcservices.ecourts.gov.in/hcservices/ 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 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, Melur, to complete the trial in C.C.No.94 of 2008, within a period of six months from the date of receipt of a copy of this order and the personal appearance of the second petitioner is dispensed with unless the learned Magistrate feels that her presence is required for disposal of the case.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Melur.

2.The Inspector of Police, All Woman Police Station, Melur.

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

+1cc to Mr.A.KARTHIK Advocate in SR. No. 86322 RMK JS/JC/SAR.3/20.11.2017/2P-5C Crl.O.P.(MD)No.9579 of 2011 08.11.2017 https://hcservices.ecourts.gov.in/hcservices/