Palani v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Palani, S/o.Sambandham

...Petitioner

Vs State rep. by its The Inspector of Police, C-3, Manimangalam Police Station, Manimangalam, Tambaram.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the trial court, namely, the Learned Judicial Magistrate-II, Tambaram, Chennai to dispose of the case in P.R.C.No.39 of 2017 as expeditiously as possible. For Petitioner : Mr.V.C.Vinoth Kumar For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This petition has been filed seeking for expeditious completion of the trial in Crime No.442 of 2014.

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2. Heard Mr.V.C.Vinoth Kumar, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondent.

3. Learned Additional Public Prosecutor, on instructions, submitted that there are totally three accused in this case and out of the three, A3 died and hence, the criminal proceedings survive only as against A1and A2. Learned Additional Public Prosecutor further submitted that the final report has been filed for offences u/s.447, 294(b), 341, 323 and 506(ii) IPC r/w 3 of Tamil Nadu Public Property Damage and Loss Act, 1982. It was further submitted that A1 and A2 are regularly appearing before the Magistrate Court.

4. In the considered view of this Court, the PRC is of the year 2017 and it is not known as to why the case has not been committed to the Sessions Court u/s.209 Cr.P.C. till date.

5. There shall be a direction to learned Judicial Magistrate II, Tambaram, to commit the case to the competent Sessions Court within a 2/4

period of one (1) month from the date of receipt of a copy of this order. The Sessions Court which undertakes trial shall complete the proceedings within a period of three (3) months thereafter.

This Criminal Original Petition is disposed of with the above direction.

10.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Judicial Magistrate II, Tambaram.

2.The Inspector of Police, C-3, Manimangalam Police Station, Manimangalam, Tambaram.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 10.07.2023 4/4