Madras High CourtCRL OP/4633/2019disposed of

C.Kumar v. State Represented By

2019-02-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4633 of 2019 C.Kumar ... Petitioner Vs.

State represented by Inspector of Police E5-Foreshore Estate Police Station, Chennai-28.

... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 23rd Metropolitan Magistrate Court, Saidapet, Chennai-15 to conclude the trial in C.C.No.3773 of 2006 within the stipulated time. For Petitioner : Mr.K.Raja For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking direction to the 23rd Metropolitan Magistrate Court, Saidapet, Chennai-15 to conclude the trial in C.C.No.3773 of 2006.

2.The learned counsel for the petitioner submitted that a case has been registered against one Manivasuki and five others in Cr.No.202 of 2006 for the offence under Section 451, 506(ii) of IPC. Thereafter, charge sheet has been filed in C.C.No.3773 of 2006 before the XXIII Metropolitan Magistrate, Saidapet, Chennai and the same is pending. The petitioner submits that the petitioner has succeeded the entire estate of deceased Parameshwari, for which the dispute arose between the petitioner and the said Manivasuki. The main grievance of the petitioner is that though the trial commenced, it has been prolonging for years. Hence, he seeks for direction to the Court below to conclude the proceedings within a stipulated time.

3.The learned Additional Public Prosecutor submitted that charged sheet has been filed in C.C.No.3773 of 2006 and the case is under trial.

4.Heard both sides.

5.Taking into consideration, the case is of the year 2006 and the trial has also been commenced and as such the learned XXIII Metropolitan

Magistrate, Saidapet, Chennai, is directed to complete the trial within a period of three months from the date of receipt of copy of this order. 6.With the above directions, this Criminal Original Petition is disposed of.

21.02.2019 Internet:Yes Index:Yes/No Speaking/Non speaking order rm To 1.The Inspector of Police E5-Foreshore Estate Police Station, Chennai-28.

2.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN,J., rm Crl.O.P.No.4633 of 2019 21.02.2019