Disposed

Ramasamy v. State Rep by

Madras HC12 Apr 2023CRL OP/23140/2021

Case brief

AI extract

What is this about?

This order disposes of a criminal original petition under Section 482 CrPC seeking quashing of criminal proceedings. The court directed the magistrate to expedite the pending nine-year trial and complete it within two months, even if another accused has not been served summons.

What did the court decide?

Directed the Judicial Magistrate – II, Ulundurpet to expedite the trial and complete it within two months from receipt of the order copy, and to split the case to conduct trial against the petitioners

Ramasamy Vs State Rep by — Civil Procedure and Limitation | Madras HC (2023)

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Crl.O.P.No.23140 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.04.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE SUNDER MOHAN

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Crl.O.P.No.23140 of 2021 and Crl.M.P.No.12678 of 2021

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1.Ramasamy 2.Arumugam

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...Petitioners/ 2^nd & 3^rd Accused

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-Vs-

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1.The State rep.by Inspector of Police, Thiruvennainallur Police Station, Villupuram District. (Crime No.340 of 2012) .. 1^st respondent / Complainant

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2.R.Perumal ... 2^nd respondent / De-facto Complainant

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Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to the proceedings in C.C.No.9 of 2014 on the file of the Judicial Magistrate Court – II,

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Ulundurpet and to quash the same.

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https://www.mhc.tn.gov.in/judis

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1/4

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Crl.O.P.No.23140 of 2021

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For Petitioner	: Mr.C.V. Kumar
For R1	: Mr.S. Balaji,
	Government Advocate (Crl. Side)
For R2	: No appearance

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ORDER

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This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.9 of 2014 on the file of the Judicial Magistrate Court – II, Ulundurpet, filed for the offences under Sections 294(b), 323 and 506(i) IPC.

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2.The learned counsel for the petitioners submitted that, it would suffice that if a direction is issued to the learned Judicial Magistrate – II, Ulundurpet, to expedite the trial, since the trial is pending for the past nine years and A1 is not appearing before the Court.

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3.Since the case is pending from the year 2014 and the petitioners herein are senior citizens, this Court directs the learned Judicial Magistrate – II, Ulundurpet, to expedite the trial and complete it within a period of two months from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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2/4

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Crl.O.P.No.23140 of 2021

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Even if the summons is not served on A1, the learned Judicial Magistrate

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– II, Ulundurpet, is directed to take such further action in accordance

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with law to split up the case and conduct the trial against the petitioners

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herein within the time stipulated.

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4.With the above observations, this Criminal Original Petition is disposed of. Consequently, connected Criminal Miscellaneous Petition is closed.

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12.04.2023

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smv

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Index : Yes/No Speaking order: Yes/No Neutral citation : Yes/No

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Note:- Issue order copy on 17.04.2023

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To,

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1.The Inspector of Police, Thiruvennainallur Police Station, Villupuram District.

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2.The Judicial Magistrate Court – II, Ulundurpet.

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3.The Public Prosecutor, High Court of Madras.

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3/4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.23140 of 2021

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SUNDER MOHAN,J. smv

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Crl.O.P.No.23140 of 2021 and Crl.M.P.No.12678 of 2021

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12.04.2023

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https://www.mhc.tn.gov.in/judis

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Ramasamy v. State Rep by

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Ramasamy v. State Rep by

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