The High Court refrained from expressing an opinion on the merits of the quashing petition. Instead, it directed the trial court to complete the trial in the underlying criminal case within four months.
Direction to the trial court to complete the trial and dispose of the case within four months from receipt of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.8839 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021
CORAM :
THE HONOURABLE Mr. JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.8839 of 2019 and Crl.M.P.(MD)Nos.5593 and 5594 of 2019
1.A.Murugesan 2.V.Narayanasamy ... Petitioners/Accused 1& 2
Vs.
1.State Rep. by The Inspector of Police, District Crime Branch, Ramanathapuram District. ... Respondent/De jure Complainant 2.R.Balamurugan ...Respondent/Defacto Complainant
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the case in C.C.No.143 of 2017 pending on the file of the learned Judicial Magistrate Court No.II, Ramanathapuram and quash the same as illegally.
For Petitioners : Mr.S.Malaikani For R1 : Mr.R.Sivakumar Government Advocate (Crl. side)
For R2 : Mr.C.Ajaykose
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.143 of 2017 pending on the file of the learned Judicial Magistrate Court No.II, Ramanathapuram.
2.It is evident from the records that on the basis of the complaint lodged by the second respondent, First Information Report came to be registered in Crime No.20 of 2016 for the alleged offence under Sections 465, 468 and 471 of IPC and after investigation, charge sheet has been laid for the very same offences and the case is pending in C.C.No.143 of 2017 on the file https://hcservices.ecourts.gov.in/hcservices/ of the learned Judicial Magistrate Court No.II, Ramanathapuram.
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Crl.O.P.(MD)No.8839 of 2019
3.It is the specific case of the prosecution that the first petitioner/A1, who was the President of Mudhaloor village, with the help of the second petitioner herein, had obtained a patta for 53 cents with respect to S.Nos.224/3 and 228/2, despite the fact that he was owning 10 cents of land.
4.When the matter is taken up today, the learned Government Advocate (Crl. side) for the first respondent and the learned counsel for the second respondent would submit that P.W.1 had already been examined and the case is posted for examination of listed witness No.2 and that P.W.1 is not yet cross-examined sofar.
5.The learned counsel for the petitioners would submit that it would be suffice if a direction is issued to the trial Court to dispose of the matter within the time to be fixed by this Court.
6.The learned counsel for the second respondent as well as the learned Government Advocate (Crl. side) are not having objection to direct the trial Court to proceed with the trial and to dispose of C.C.No.143 of 2017 within the time to be fixed by this Court.
7.Considering the submissions made by the learned counsel on either side and also considering the limited relief now sought for by the petitioners and without expressing any opinion with regard to the merits of the case, the learned Judicial Magistrate No.II, Ramanathapuram, is directed to complete the trial in C.C.No.143 of 2017 and dispose of case, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.
8.With the above direction, the Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.
Assistant Registrar (Records)
// True Copy //
Sji
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant https://hcservices.ecourts.gov.in/hcservices/ concerned.
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Crl.O.P.(MD)No.8839 of 2019
To
1.The Judicial Magistrate Court No.II, Ramanathapuram.
3.The Inspector of Police, District Crime Branch, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to
The Registrar Judicial , Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.8839 of 2019 and Crl.M.P.(MD)Nos.5593 and 5594 of 2019 07.12.2021
RK(28/12/2021) 3P 6C
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1 issue framed by the court
Whether the trial court should be directed to dispose of the pending criminal case expeditiously.
1.A.Murugesan
2.V.Narayanasamy
State Rep. by The Inspector of Police
R.Balamurugan
K.MURALI SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
