Tmt. Princy Martin v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9890 of 2022 Princy Martin ... Petitioner/Defacto Complainant Vs.

State represented by its Inspector of Police, Anti Land Grabbing Special Cell, Team-XVII, Vepery, Chennai.

(CCB Crime No.188 of 2019) ... Respondent/Complainant PRAYER:

Criminal Original Petition is filed under Section 482 Cr.P.C.,to direct the Hon'ble Judicial Magistrate No.1, Tambaram to dispose the case in C.C.No.262 of 2020 within the time stipulated by this Hon'ble Court as expeditiously as possible. For Petitioner : Mr.H.Manivannan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to direct the Judicial Magistrate No.1, Tambaram to dispose of the case in C.C.No.262 of 2020 within the time that may be stipulated by this Court.

2. Learned counsel for the petitioner would submit that the petitioner is a lady and senior citizen and in respect of grabbing of the property, the petitioner had preferred a complaint during the year 2019 and the case was taken up for trial in C.C.No.262 of 2020 on the file of the Judicial Magistrate Court No.1, Tambaram. As per the final report, there are four accused in this case and one accused had passed away and for the past two years, the accused were deliberately avoiding service of summon on them and thereby, the case has been repeatedly adjourned day after day. The petitioner is a senior citizen and she is unable to see logical end in this

case. He would submit that, though the petition has been filed seeking direction to the learned trial Judge to dispose of the case in C.C.No. 262 of 2020, it would be sufficient that a direction may be issued to the respondent /Police to serve the summons on the accused and see to it that they appear before the Court on the next hearing date.

3.Learned Additional Public Prosecutor appearing for the respondent/ Police would submit that the respondent is taking effective steps to serve summons on the accused. However, they are absconding and the case now stands posted to 04.05.2022. 4.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record. 5.This is a case where the petitioner is a lady and senior citizen had given a complaint during the year 2019 and the case has been taken on file during the year 2020 and for the past two years, the respondent is unable to serve summons on the accused. Lethargy of the respondent in not serving summons for the past two years is very much deprecated.

In view of the same, a direction is issued to the respondent to serve summons on the accused within two weeks from today and see to it that the trial is commenced at the earliest. The learned trial Judge, namely the Judicial Magistrate No.1, Tambaram shall duly monitor the steps taken by the respondent to serve the summons on the accused.

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

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vkr/nti To

1. The Judicial Magistrate No.I, Tambaram.

2. -do- The Chief Judicial Magistrate, Egmore, Chennai.

3. The Inspector of Police, Anti Land Grabbing Special Cell, Team-XVII, Vepery, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9890 of 2022 RGN(CO) CT 04/05/2022