N.Ramesh v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.3092 of 2015 N.Ramesh .. Petitioner Vs The State rep.by The Station House Officer Muthialpet Police Station Pondicherry 605 003 .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Judicial Magistrate-II at Puducherry to dispose of the C.C.No.35 of 2011 on the file of the Learned Judicial Magistrate No.II at Puducherry in speedy manner with in a time frame as this fixed by this Court.

For Petitioner :Mr.Prakash Adiapadam For Respondent :Mr.Thangavel Additional Public Prosecutor (Puducherry)

ORDER

The petitioner has come up with this petition to direct the learned Judicial Magistrate-II, Puducherry to dispose of the C.C.No.35 of 2011 pending on his file in speedy manner within a time frame fixed by this Hon'ble Court.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3. This Court called for a report from the learned Judicial Magistrate No.1, Puducherry, stating the reasons for not conducting the case in C.C.No.35 of 2011. The learned Judicial Magistrate No.1, Puducherry has sent a report dated 16.3.2015, in which he has stated that the case is pending on the file of the learned Judicial Magistrate No.2, Puducherry and not on his file. However, he has also given explanations for the delay. The delay appears to be on account of the fact that NBW was pending against some of the accused. Further, he has stated that the case was ready for trial and three witnesses were to be examined on 21.4.2015.

4. The learned Additional Public Prosecutor submitted that the case has been posted before the trial court on 13.5.2015. https://hcservices.ecourts.gov.in/hcservices/

5. Under such circumstances, the learned Judicial Magistrate No.2, Puducherry is directed to expeditiously conduct the trial in C.C.No.35 of 2011 and complete the same within a period of six months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. Judicial Magistrate No.2, Puducherry

2. The Station House Officer, Muthialpet Police Station, Pondicherry 605 003 3.The Public Prosecutor, High Court, Madras. 1 cc to Mr.Prakash Adiapadam ,Advocate, SR.No.23907/15 Crl.OP No.3092 of 2015 vgi(co) pmk.13.5.2015 https://hcservices.ecourts.gov.in/hcservices/