Madras High CourtCRL OP(MD)/5757/2013disposed of

Dharmalingam v. The Inspector Of Police,

2018-01-08Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN CRL.OP.(MD) No.5757 of 2013 and M.P(MD).Nos.2 & 3 of 2013 1.Dharmalingam 2.Arulselvi ... Petitioners/ Accused No.33 & 34 Vs.

1.State rep by The Inspector of Police, C.C.I.W., Police Station, Tiruvarur.

(Cr.No.2 of 2011) ... 1st Respondent/ Complainant 2.Deputy Registrar of Co-operative Societies, O/o. Deputy Registrar of Co-operative Societies, Tiruvarur.

... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records pertaining to the C.C.No.109 of 2012 on the file of the learned District Munsif -cumJudicial Magistrate, Papanasam and quash the proceedings as against the petitioner herein.

For Petitioner : Mr.M.Karunanithi For Respondents : M/s.S.Bharathi Government Advocate (Crl.side)

ORDER

This criminal original petition has been filed to quash the proceedings relating to the charge sheet in C.C.No.109 of 2012, in Cr.No.2 of 2011.

2.Though the learned counsel for the petitioners raised several grounds for quashing the charge sheet filed by the first respondent Law Enforcing Agency, he submitted that it would suffice, if a direction is issued to the trial 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 Additional Public Prosecutor appearing for the respondents, who has also conceded the request of the learned counsel for the petitioners.

https://hcservices.ecourts.gov.in/hcservices/

4.In the light of the above said submission of the learned counsel for the petitioners, this Court without going into the merits of the case, directs the learned District Munsif-cum-Judicial Magistrate, Papanasam, to complete the trial in C.C.No.109 of 2012, within a period of six months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To

1. The District Munsif-cum-Judicial Magistrate, Papanasam.

2. The Inspector of Police, C.C.I.W., Police Station, Tiruvarur.

3.The Deputy Registrar of Co-operative Societies, O/o. Deputy Registrar of Co-operative Societies, Tiruvarur.

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

+One cc to Mr.M.Karunanidhi, Advocate, SR.40998 rmk/smi RL/6C/2P/JC/SAR1/22/1/2018 CRL.OP.(MD) No.5757 of 2013 and M.P(MD).Nos.2 & 3 of 2013 https://hcservices.ecourts.gov.in/hcservices/ 08.01.2018