Vengatraman v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.1492 of 2022 Mr.Vengatraman ... Petitioner

Versus

1. The Inspector of Police, Central Crime Branch Team-XXII A, Land Grabbing Prevention Cell, Vepery, Chennai-7.

2. S.Paulraj

3. P.Helen Jothi Bai

4. P.Ram Kumar

5. L.Kuberan

6. K.Ravi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct an order of speedy disposal of the C.C.No.126 of 2021 pending on the Judicial Magistrate -1, at Poonamallee.

For Petitioner : Mr.R.Sasikumar For Respondents : Mr.E.Raj Thilak (R1) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct an order of speedy disposal of the C.C.No.126 of 2021 pending on the Judicial Magistrate -1, at Poonamallee.

2. The learned counsel appearing for the petitioner submitted that the petitioner lodged a complaint on 15.11.2021 before the first respondent against the Respondents 2 to 6, for which FIR was registered in Crime No.19 of 2012 under Sections 420, 468 and 447 I.P.C. r/w 120 (B) I.P.C. and completion of investigation charge sheet was filed before the learned Judicial Magistrate -1, Poonamallee and the same was taken on file in C.C.No.126 of 2021. He further submitted that the Respondents 2 to 6 filed discharge petition before the learned Judicial

Magistrate 1, Poonamallee which was dismissed vide order dated 23.10.2021 and thereafter no trial commenced. He therefore prays for a direction to the trial court to dispose of the case within the stipulated period.

3. The learned Additional Public Prosecutor submitted that totally there are 20 witnesses and some of the accused filed transfer petition in Crl.M.P.Nos.6999 and 7000 of 2021 in C.C.No.126 of 2021 which is pending before the learned Chief Judicial Magistrate, Tiruvallur and for that reason witnesses could not be examined.

4. In view of the same, the learned Chief Judicial Magistrate, Tiruvallur is directed to transfer C.M.P.Nos.6999 and 7000 of 2021 in C.C.No.126 of 2021 to the file of learned Judicial Magistrate-I, Poonamallee, within a period of one month from the date of normal functioning of Court, thereafter concerned Judicial Magistrate, Poonamallee shall take the case on file and complete the trial thereafter within a period of three months. It is made clear that in case any dilatory tactics adopted by the accused, and dragging the case, coercive action to be taken against them.

5. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar arr To

1. The Inspector of Police, Central Crime Branch Team-XXII A, Land Grabbing Prevention Cell, Vepery, Chennai-7.

2. The Judicial Magistrate -1, Poonamallee.

3. The Chief Judicial Magistrate, Thiruvallur.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sasikumar, Advocate, S.R.No.4851 CRL.O.P.No.1492 of 2022 PM[co] NSK 11/02/2022