Madras High CourtCRL OP/12955/2016closed

Guru @ Kumaraguru v. State By

2016-07-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.12955 of 2016 Guru @ Kumara Guru ... Petitioner Vs State by The Inspector of Police, M-5, Ennore Police Station, Ennore, Chennai.

(Crime No.66 of 2007) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue direction to the learned Subordinate Judge, Ponneri, to conduct the case pending in SC.No.217 of 2012 in a speedy manner and decide the same as per the procedure established by law.

For Petitioner :

Mr.V.Paarthiban For Respondent :

Mr.C.Emalias, Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the learned Subordinate Judge, Ponneri, to conduct the case pending in SC.No.217 of 2012 in a speedy manner and to decide the same as per the procedure established by law.

2. This petitioner viz., Guru @ Kumaraguru is the accused in S.C.No.217 of 2012, which is pending on the file of the Subordinate Court, Ponneri, and he filed the present petition for expeditious disposal of the case.

3. This Court called for the report from the trial Court and a report dated 02.07.2016 has been received, which shows that one or the other accused have been deliberately absconding, in order to protract the trial. Ultimately, the learned Judge stated that Non-Bailable Warrants are pending as against A1, A2 and A4 and A3 alone are attending the Court.

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4. Under such circumstances, this Court directs the respondent police to register a case under Section 229 (A) IPC against all the absconding accused and arrest them independently for their abscondance. The trial Court shall ensure that the respondent police registers a case under Section 229 (A) IPC and when the accused are produced, they may be remanded to custody as the offence u/s 229 A IPC is cognisable and non-bailable. With the above direction, this criminal original petition is disposed of.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sms To 1.The Subordinate Judge, Ponneri.

2.The Inspector of Police, M-5, Ennore Police Station, Ennore, Chennai.

3.The Public Prosecutor, High Court, Chennai.

+1 CC to Mr.V.Paarthiban , Advocate Sr.No.39195 Crl.OP.No.12955 of 2016 SVI(CO) KP(29.07.2016) https://hcservices.ecourts.gov.in/hcservices/