P.Asirvatham v. A.Meshak

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28872 of 2015 P.Asirvatham ... Petitioner Vs

1. A.Meshak

2. M.Subaseeli ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. for a direction to the learned Judicial Magistrate, Sriperumbudur, Kandhipuram District to complete the Trial in C.C.No.88 of 2014 within a period of specified time. For Petitioner : Mr.S.Senthil Murugan

O R D E R

This petition has been filed for a direction to the learned Judicial Magistrate, Sriperumbudur, Kancheepuram District, to complete the Trial in C.C.No.88 of 2014 within a period of specified time.

2. The petitioner has filed a private complaint before the learned Judicial Magistrate, Sriperumbudur, Kanchepuram District, in C.C.No.88/2014 for the offence under sections 420, 506(ii) r/w 34 IPC against the respondent/ accused. After the chief examination of P.W.1, the defence side counsel periodically sought time for cross examination of P.W.1 from April, 2015, till date. Now, the case is posted on 12.12.2015. The petitioner is aged 86 years and for the last 7 years, the petitioner is appearing before the Court to give evidence. But the accused is periodically absent. Hence, left with no option, the petitioner has approached this Court with the present petition.

3. Heard the learned counsel for the petitioner. In view of the nature of order that is going to be passed, there is no need to issue notice to the respondents.

4. Considering the facts and circumstances of the case, this Court directs the learned Judicial Magistrate, Sriperumbudur, Kandheepuram District, to expedite the trial in C.C.No.88/2014 https://hcservices.ecourts.gov.in/hcservices/

on its file and complete the same as early as possible, preferably within a period of five months from the date of receipt of a copy of the order. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsi To

1. The Judicial Magistrate, Sriperumbudur, Kancheepuram District.

2. -do- Through The Chiefe Judicial Magistrate, Kancheepuram District.

+ 1 cc to Mr.S. Senthil Murugan, Advocate Sr.65165 Crl.O.P.No.28872 of 2015 VD(CO) EU 21.12.15 https://hcservices.ecourts.gov.in/hcservices/