← Library
Madras High CourtCRL OP/3320/2023disposed of

Asvanth Pattabiraman v. Anusuya Ramachandran

2023-03-17Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 17.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Asvanth Pattabiraman ... Petitioner Vs.

1. Anusuya Ramachandran

2. Sivagami

3. Ramachandran

4. Raguraman

5. State by The Sub Inspector of Police, T-4, Police Station, Maduravoyal, Chennai-600095.

... Respondents This Criminal Original Petition is filed under Section 482 Cr.P.C. to direct the Trial Court, ie. Judicial Magistrate Court-II, Poonamallee, Thiruvallur District in CMP No.2376/2021 to take the complaint on file filed by the petitioner in the month of May 2020 and conduct trial in accordance with law as provided under Section 200 Cr.P.C. 1/6

For Petitioner : M/s. Renuka For Respondent-5 : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition is filed for a direction directing the Trial Court, ie. Judicial Magistrate Court-II, Poonamallee, Thiruvallur District to take on file the complaint in CMP No.2376/2021 filed by the petitioner in the month of May 2020 and conduct trial in accordance with law as provided uner Section 200 Cr.P.C.

2.

This Court on 16.02.2023 called for a report from the Judicial Magistrate Court-II, Poonamallee, Thiruvallur District as to why there was no progress in this case from 2021 and asked him to report the stage of the enquiry in the private complaint. Accordingly, a report is received. 3.

It is seen from the report that the sworn statement of the complainant ie., petitioner herein was recorded on 24.03.2020 and thereafter, two witnesses were examined on 19.07.2021. Thereafter, 2/6

complainant was continuously absent. The learned Judge ordered enquiry under Section 202 Cr.P.C by the Inspector of Police, Maduravoyal, for the reason that the first accused and complainant are residents of Ireland and accused 2 to 4 are residents of Madipakkam. The Inspector of Police filed his report on 28.02.2023 and the matter was posted for submission of complainant regarding this report on 07.03.2023. 4.

In the light of the report received, this Court directs the learned Judicial Magistrate Court-II, Poonamallee, Thiruvallur District to dispose CMP No.2376/2021 in the manner known to law, within a period of two weeks from the date of receipt of a copy of this order. 5.

Accordingly, this Criminal Original Petition is disposed of. 17.03.2023 mra Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order 3/6

To 1.

The Judicial Magistrate Court-II, Poonamallee Thiruvallur District.

2.

The Public Prosecutor, Madras High Court, Chennai.

4/6

G.CHANDRASEKHARAN,J.

mra 17..03.2023 5/6

6/6