Hussain Muthali v. P.Arumuga Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2018

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.7714 of 2013 and M.P.(MD).Nos.1 & 2 of 2013 1.Hussain Muthali 2.R.Raja Renius 3.R.Jey Anth Renius 4.Thanapal 5.Ramachandran ... Petitioners/ Accused 1 to 5 Vs.

P.Arumuga Kumar

...Respondent/Complainant

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the case in C.C.No.65 of 2013, on the file of the learned Judicial Magistrate No.I, Tirunelveli, Tirunelveli District and quash the same.

For Petitioners : Mr.R.Anand For Respondent : Mr.P.Samuel Gunasingh

O R D E R

This Criminal Original Petition has been filed to call for the entire records pertaining to the case in C.C.No.65 of 2013, on the file of the learned Judicial Magistrate No.I, Tirunelveli, Tirunelveli District and quash the same.

2.Though the learned counsel for the petitioners raised several grounds for quashing the proceedings in C.C.No.65 of 2013, 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. However, he requested the appearance of the petitioners may be dispensed with 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 above said submissions of the learned counsel appearing for the petitioners, this Court, without going into the merits of the case, directs the learned Judicial Magistrate https://hcservices.ecourts.gov.in/hcservices/

No.I, Tirunelveli, Tirunelveli District to complete the trial in C.C.No.65 of 2013, within a period of four months from the date of receipt of a copy of this order. Meanwhile, the appearance of the petitioners 2 and 3 are dispensed with unless the learned Judicial Magistrate feels that their presence is required for the 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(P&A) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate No.I, Tirunelveli, Tirunelveli District Crl.O.P.(MD)No.7714 of 2013 and M.P.(MD).Nos.1 & 2 of 2013 msa JM/JC/SAR 3/14.03.2018/2P/2C https://hcservices.ecourts.gov.in/hcservices/