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Madras High CourtCRL OP/3385/2022disposed of

N.V.Devi @ Devika v. The Superintendent Of Police

2022-02-15Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3385 of 2022 N.V.Devi @ Devika ... Petitioner Vs.

1. The Superintendent of Police, Thiruvarur District, Thiruvarur.

2. The Inspector of Police, Needamangalam Police Station, Thiruvarur District.

(Crime No.193 of 2008) ... Respondents PRAYER: The Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, pleased to issue an order of direction, directing the District Munsif Court cum Judicial Magistrate Court, Needamangalam to expedite the proceedings in Crl.M.P.No.674 of 2021 in Crime No.193 of 2008 in accordance with law.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to direct the District Munsif Court cum Judicial Magistrate Court, Needamangalam to expedite the proceedings in Crl.M.P.No.674 of 2021 in Crime No.193 of 2008 in accordance with law.

2. Learned counsel for the petitioner would submit that based on the complaint given by the petitioner, a case in Crime No.193 of 2008 was registered by the second respondent against the accused for the offenses under Sections 468, 471 and 420 of I.P.C. The second respondent without holding any investigation filed the closure report closing the case as "Mistake of Fact". Since, the notice was not served on the petitioner, the petitioner approached this Court by filing Crl.R.C.No.1168 of 2013, against the closure report and this Court by an order dated 07.10.2013, set aside the impugned order.

3. He would further submit that subsequent to the order passed by this Court, the protest petition was renumbered as https://hcservices.ecourts.gov.in/hcservices/

Crl.M.P.No.674 of 2021, however, there is no progress in this case. Thereby, the present petition is filed seeking to issue a direction to the Judicial Magistrate, Needamangalam to expedite the proceedings in Crl.M.P.No.674 of 2021.

4. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that Crl.M.P.No.674 of 2021 has been posted to 04.03.2022.

5. In view of the above, a direction is issued to the Judicial Magistrate, Needamangalam to expedite and dispose the proceedings in Crl.M.P.No.674 of 2021 in Crime No.193 of 2008 in accordance with law, within a period of four months from 04.03.2022.

6. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rgi/ham To 1.The District Munsif Court cum Judicial Magistrate, Needamangalam.

2. The Superintendent of Police, Thiruvarur District, Thiruvarur.

3. The Inspector of Police, Needamangalam Police Station, Thiruvarur District.

4. The Public Prosecutor, High Court of Madras.

+1 cc to Mr. R.Sankarasubbu, Advocate Sr.NO. 9729 Crl.O.P.No.3385 of 2022 PCH(CO) A.SK(04/03/2022) https://hcservices.ecourts.gov.in/hcservices/