Madras High CourtCRL OP/949/2017disposed of

K.Elumalai M/42yrs v. The State Rep.By Its

2017-01-18Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.949 of 2017 K.Elumalai

...Petitioner/Accused-1

Vs The State, rep by The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai.

...Respondent/Complainant

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Judicial Magistrate No.I, Thiruvannamalai, to dispose of the case in C.C.No.141 of 2014 within the stipulated time as fixed by this Court. For Petitioner :

Mr.S.Kumara Devan For respondent :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the learned Judicial Magistrate No.I, Thiruvannamalai, to dispose of the case in C.C.No.141 of 2014 within the stipulated time as fixed by this Court.

2. It is the case of the petitioner that on the basis of the complaint given by one R.Santhakumari, a case was registered as against the petitioner in Crime No.623 of 2013. In the said case, after completion of investigation, charge sheet was filed before the learned Judicial Magistrate No.I, Thiruvannamalai, and the same was taken on file as C.C.No.141 of 2014. Though the occurrence is of the year 2013, till date, there is no progress in the trial. Hence, the petition.

3. Learned counsel appearing for the petitioner submitted that the petitioner was suspended on 17.5.2013 and now he is under suspension for the past three years. Though the occurrence is of the year 2013, till date, the respondent police https://hcservices.ecourts.gov.in/hcservices/

did not take any steps to produce the witnesses before the trial Court. Hence, the case is pending for the past two years without any progress.

4. Considering the facts and circumstances of the case, this Court directs the learned Judicial Magistrate No.I, Thiruvannamalai, to dispose of the case in C.C.No.141 of 2014 pending on his file, as expeditiously as possible. The Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sbi To 1.The Judicial Magistrate No.I, Thiruvannamalai.

2.The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.Kumaran Devan, Advocate Sr.3450 Crl.O.P.No.949 of 2017 NMI(CO) EU 1.02.17 https://hcservices.ecourts.gov.in/hcservices/