Madras High CourtCRL OP(MD)/6029/2013disposed of

K.Kamalam v. The Inspector Of Police

2017-12-19Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.6029 of 2013 and M.P.(MD)Nos.1 and 2 of 2013 K.Kamalam ... Petitioner Vs.

1.The Inspector of Police, All Women Police Station, Dindigul.

(Crime No.36 of 2012) 2.Indira Subashini ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.503 of 2012, on the file of the Judicial Magistrate Court No.II, Dindigul, and quash the final report as against the petitioner alone.

For Petitioner : Mr.NA.Ananthapadmanaban For R1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For R2 : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.503 of 2012, on the file of the Judicial Magistrate Court No.II, Dindigul.

2.Though the learned counsel for the petitioner raised several grounds for quashing the charge sheet, 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. He further submitted that since the petitioner, who is aged about 73 years, is https://hcservices.ecourts.gov.in/hcservices/

suffering due to continuous illness, her personal appearance may be dispensed with.

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 abovesaid submissions of the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the learned Judicial Magistrate No.II, Dindigul, to complete the trial in C.C.No.503 of 2012, within a period of three months from the date of receipt of a copy of this order. Considering the submission made by the learned counsel for the petitioner that since the petitioner, who is aged about 73 years, is suffering due to continuous illness, I am inclined to dispense with her personal appearance. Accordingly, the personal appearance of the petitioner is dispensed with unless the learned Magistrate feels that her presence is required for the disposal of the case.

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 No.II, Dindigul.

2.The Inspector of Police, All Women Police Station, Dindigul.

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

Crl.O.P.(MD)No.6029 of 2013 19.12.2017 SMA/PM-PN/SAR-4/04.01.2017:2P/4c https://hcservices.ecourts.gov.in/hcservices/