Madras High Court
R.Rajasekaran vs The State Through on 6 December, 2021
1 CRL.O.P.(MD)NO.19171 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.19171 of 2021
R.Rajasekaran ... Petitioner / Sole Accused
Vs.
1. The State through,
The Sub Inspector of Police,
Law and Order,
Palayamkottai police station,
Thirunelveli City.
(Crime No.46 of 2014) ... 1st Respondent /
De jure Complainant
2. M.Kanagavalli ... 2nd Respondent /
Defacto Complainant
Prayer: Criminal Original petition is filed under Section
482 of Cr.P.C, to call for the entire records connected with the
case in C.C.No.377 of 2019 pending on the file of the Judicial
Magistrate, Additional Mahila Court, Tirunelveli and quash the
same as illegal.
For Petitioner : Mr.S.Malaikani
For R-1 : Mr.T.Senthil Kumar,
Additional Public Prosecutor.
***
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2 CRL.O.P.(MD)NO.19171 OF 2021
ORDER
Heard the learned counsel appearing for the petitioner
and the learned Additional Public Prosecutor appearing for
the first respondent.
2. Crime No.46 of 2014 was registered on the file of
Palayamkottai police station, against as many as four accused.
Charge sheet was filed and cognizance of the offences was
also taken. It is stated that accused Nos.1 to 3 are absconding
and non-bailable warrant is pending against them. Hence, the
case was split up against the petitioner herein. The
petitioner's counsel wants this Court to quash the impugned
proceedings on account of delay. He would point out that the
delay in rendering justice amounts to denial of constitutional
right to speedy trial. The impugned proceedings have to be
quashed.
3. Though as a matter of proposition, the statement made
by the learned counsel is unexceptional, considering the facts
and circumstances of this case, instead of quashing the
proceedings, I direct the learned trial Magistrate to conclude
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3 CRL.O.P.(MD)NO.19171 OF 2021
the case on merits and in accordance with law within a period
of three months from the date of receipt of a copy of this
order. All the contentions and the defences of the petitioner
are left open. The petitioner is residing in Sivakasi. The case is
being tried in Tirunelveli.
4. The personal appearance of the petitioner before the
Court below is dispensed with. However, the petitioner has to
appear before the Court below on the following three
occasions:-
i) To answer the charges,
ii) at the time of examination under Section 313 of Cr.P.C.
and
iii) at the time of pronouncement of Judgment.
The petitioner also will have to appear when his presence is
insisted upon by the trial Court and on all other occasions, the
petitioner can be represented by his counsel. If the
petitioner's counsel also fails to appear, the benefit of this
order will stand vacated automatically.
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4 CRL.O.P.(MD)NO.19171 OF 2021
5. This criminal original petition is disposed of.
06.12.2021
Index : Yes / No
Internet : Yes/ No
PMU
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 concerned.
To:
1. The Judicial Magistrate,
Additional Mahila Court, Tirunelveli.
2. The Sub Inspector of Police,
Law and Order,
Palayamkottai police station,
Thirunelveli City.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
G.R.SWAMINATHAN,J.
https://www.mhc.tn.gov.in/judis
5 CRL.O.P.(MD)NO.19171 OF 2021
PMU
Crl.O.P.(MD)No.19171 of 2021
06.12.2021
https://www.mhc.tn.gov.in/judis
