Madras High CourtCRL OP/11774/2016disposed of

M. Ramachandran, v. Sekar @ Palanisamy,

2019-07-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.11774 of 2016 M.Ramachandran ... Petitioner Vs.

1. Sekar @ Palanisamy

2. Ramakrishnan

3. Perumal

4. Poongodi

5. Jayakumar

6. Ramasamy

7. S.J.Padmanabhan

8. Sumathi

9. Rani

10. State rep. by Inspector of Police, Nembiyur Police Station, Erode District.

[10th respondent impleaded as per the order dated 24.06.2016 made in Crl.M.P.No.6753 of 2016] ... Respondents Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue a direction to the learned Judicial Magistrate No.2, Gobichettipalayam, to dispose of the case in C.C.No.111 of 2013 after securing sixth respondent (A6) within the time frame fixed by this Court.

For Petitioner : Mr.N.Manokaran For R1,R3 to R7, : M/s.V.P.K.Gowtham R9 K.Sudhakar R10 : Mr.C.Raghavan, Government Advocate.

ORDER

This petition has been filed seeking for a direction to the Court below to dispose of the case in C.C.No.111 of 2013. https://hcservices.ecourts.gov.in/hcservices/

2. It is seen from the records that the Criminal complaint filed before the Court below is not progressing since A6 is evading summons.

3. Taking into consideration the facts and circumstances of the case, there shall be a direction to the Judicial Magistrate No.2, Gobichettipalayam, to immediately take steps to secure A6 and proceed further with the case in C.C.No.111 of 2013. If the Court below is not in a position to secure A6, the Court below is directed to split up the case and proceed further with the available accused persons in accordance with the guidelines given by this Court in the case [H.Aarun Basha Vs. The State represented by the Inspector of Police, E-5, Cholavaram Police Station, Thiruvallur District] reported in 2019-1-L.W.(Crl.)15. The Court below is directed to complete the proceedings within a period of four months from the date of receipt of a copy of this order.

4. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar raja To 1.The Judicial Magistrate -II, Gopichettipalayam, Erode District.

2.-do- thro' The Chief Judicial Magistrate, Erode District.

3.The Inspector of Police, Nembiyur Police Station, Erode District.

4. The Government Advocate, High Court, Madras.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.54692 CRL.O.P.No.11774 of 2016 NR(CO) RRS(06/08/2019) https://hcservices.ecourts.gov.in/hcservices/