Madras High Court
Murugan vs State Rep. By on 7 December, 2023
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN
Crl.O.P.(MD) No.12759 of 2020
and
Crl.M.P(MD).Nos.5834 and 5835 of 2020
1. Murugan
2. Rajasekar
3. Sankar ... Petitioners/Accused 4 to 6
Vs.
1.State rep. by
the Inspector of Police,
District Crime Branch,
Thanjavur. ... 1st Respondent/Complainant
2. M.Valarmathi ... 2nd Respondent/Defacto Complainant
https://www.mhc.tn.gov.in/judis
2
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records pertaining to C.C.No.14 of 2020 pending
on the file of the Judicial Magistrate Court, Thiruvaiyaru, quash the
same.
For Petitioners : Mr.P.Vadivel
For Respondents : Mr.P.Kottaichamy,
Government Advocate(Crl.Side)
for R1
: Mr.T.Antony Arulraj for R2
ORDER
When the matter is taken up for hearing the learned counsel for
the petitioners submitted that even though there are some arguable points
in this petition, he seeks permission of this Court to raise all the points
before the trial Court at the time of trial. He further requested this Court
to dispense with the appearance of the petitioners before the trial Court
during trial. He also submitted that since this case is pending from 2020
onwards, this Court may issue a direction to the trial Court to dispose the
case within a time frame.
https://www.mhc.tn.gov.in/judis
2. This Court is inclined to accept the request of the petitioners.
Hence, this petition is disposed of with the following directions:
1. The Judicial Magistrate Court, Thiruvaiyaru, is directed to
dispose the case in C.C.No.14 of 2020 within a period of three
months from 01.02.2024.
2. The petitioners are directed to raise all the points before the
trial Court.
3. The appearance of the petitioners is dispensed with before the
trial Court on all hearing dates except the following hearings:
(i) The date of furnishing copies under Section 207 Cr.P.C,
and initial questioning to answer the charges;
(ii) The date of questioning under Section 313 Cr.P.C;
(iii) On the date of Judgement.
3.1. The petitioners are directed to give an undertaking in the form
of affidavit that they will be duly represented by a counsel on all
hearing dates.
3.2. The petitioners shall not dispute the identity of the witnesses.
3.3. The petitioners shall appear before the Court in the event their
presence is insisted by the trial judge for the purpose of
identification.
https://www.mhc.tn.gov.in/judis
3.4. If the petitioners adopt any dilatorial tactics, it is open to the
Trial Court to insist for their appearance and deal with the
petitioners in accordance with the judgment of Supreme Court of
India in State of Uttar Pradesh Vs. Shambunath Singh, reported
in 2001 (4) SCC 667.
Consequently, connected miscellaneous petitions are closed.
07.12.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
vsg
To
1. The Judicial Magistrate,
Thiruvaiyaru.
2.The Inspector of Police,
District Crime Branch,
Thanjavur.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
K.K.RAMAKRISHNAN, J.
vsg
Crl.O.P.(MD) No.12759 of 2020
and
Crl.M.P(MD).Nos.5834 and 5835 of 2020
07.12.2023
https://www.mhc.tn.gov.in/judis
