A.Alfred Williams Joseph v. V.N.Balamurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10457 of 2019 A.Alfred Williams Joseph ... Petitioner Vs.

1.V.N.Balamurugan 2.Y.Hemanth Kumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned V Metropolitan Magistrate at Egmore, Chennai in C.C.No.1433 of 2016 to expedite the trial within the time as stipulated by this Hon'ble Court. For Petitioner : Mr.Solomon Peter Kamaldoss J.B. For Respondent : Mr.C.Raghavan, Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the learned V Metropolitan Magistrate at Egmore, Chennai in C.C.No.1433 of 2016 to expedite the trial within a time frame. 2.It is seen that the petitioner has invested about Rs.10,35,000/- to open a factory at Ambattur believing that he would be one of the partner with one Hemanth Kumar. The petitioner has given money on different dates by different means. Thereafter, he came to know that the said Hemanth Kumar and Balamurugan/respondents have closed the business without the knowledge and consent of the petitioner in January 2009 itself and thereby cheated the petitioner. Therefore, the petitioner has made a complaint before the Commissioner of Police on 25.11.2011 and no action was taken. Thereafter, the petitioner filed a case under Section 200 Cr.P.C. R/w20 IPC before the learned V Metropolitan Magistrate at Egmore, Chennai and the same was numbered in C.C.No.1433 of 2016.

3.The learned counsel for the petitioner submits that the case is pending from the year 2016 and it is posted on 17.05.2019. Hence, he has filed the present petition with the aforesaid prayer.

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4.Considering the facts and circumstances of the case and also considering that the case is of the year 2016, the learned V Metropolitan Magistrate at Egmore, Chennai is directed to dispose of the case in C.C.No.1433 of 2016 within a period of three months from the date of receipt of copy of this order, if not already disposed.

5.Accordingly, this Criminal Original Petition is disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rm To 1.The V Metropolitan Magistrate, Egmore, Chennai.

2.Do Thro The Chief Metropolitan Magistrate Egmore, Chennai

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.J.B.Solomon Peter Kamaldoss, Advocate sr 38595. CRL.O.P.No.10457 of 2019 GJ(CO) SP(29/05/2019) https://hcservices.ecourts.gov.in/hcservices/