Madras High CourtCRL OP/22325/2015closed

Clement Antoine Demis v. Kishore C. Nanwani

2015-09-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2015 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.22325 of 2015 Clement Antoine Demis

...Petitioner

Vs.

Kishore C.Nanwani ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the Hon'ble Judicial Magistrate No.II, Puducherry to dispose off STC No.2049 of 2014, pending on the II Judicial Magistrate, Puducherry, within a time frame.

For Petitioner : Mr.D.Ravichander

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.II, Puducherry, to dispose of STC No.2049 of 2014, pending on the file of the II Judicial Magistrate, Puducherry.

2. Heard the learned counsel for the petitioner.

3. The petitioner is the complainant in STC No.2049 of 2014, in which, he has filed his proof affidavit as early as 19.11.2014, despite which, the accused has not cross-examined the petitioner. The docket orders passed by the trial Court in STC No.2049 of 2014 is extracted as follows;

" 24.06.2015 Complainant present. Accused absent, S-317 Petition filed and allowed. Change of Vakkalath filed for complainant. For appearance of accused and for PW1 Cross. Call on 06.07.2015 (Last Chance).

Sd/- J.M.- II Puducherry.

06.07.2015 Both present. Memo filed by the counsel for accused to refer the case for settlement and the memo was objected by the Complainant. Hence, the https://hcservices.ecourts.gov.in/hcservices/

memo is rejected. For PW1 cross. Accused not ready. At request call on 13.07.2015. (No further time).

Sd/- J.M.- II Puducherry."

4. The learned counsel for the petitioner submitted that even on 13.07.2015, the petitioner was cross-examined.

5. Under such circumstances, the trial Court is directed to expeditiously dispose of the trial within a period of three months from the date of receipt of a copy of this order. With the above said direction, the criminal original petition is disposed of.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar sms To

1. The learned Judicial Magistrate No.II, Puducherry Thro'The CHief Judicial Magistrate, Puducherry. +1 cc to Mr.D.Ravichandran, Advocate, sr.48426 Crl.O.P.No.22325 of 2015 cnr co kra 22/09 https://hcservices.ecourts.gov.in/hcservices/