Nithiyanantham v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.15081 of 2019 Nithiyanantham

...Petitioner/Defacto

Complainant -VsState by Inspector of Police, Vellavedu Police Station, Tiruvallur District.

... Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Judicial Magistrate II, Poonamallee, to complete the committal proceedings in PRC No.16 of 2017, commit the case to learned Sessions Court, Thiruvallur and to expedite the trial proceedings. For Petitioner : Mr.K.R.Ramesh Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction to the Committal Court viz., the Judicial Magistrate II, Poonamallee, to issue copies to the accused persons and to commit the case to the Sessions Court.

2.The learned counsel for the petitioner submitted that there are totally eleven accused persons in this case. The learned counsel further submitted that the case is posted today for appearance of the accused persons and the police is not taking any effective steps to serve summons insofar as the one of the accused persons is concerned and the rest of the accused persons are appearing before the Court below and PRC No.16 of 2017 is pending, without any progress for the last two years. Therefore, the learned counsel submitted that a direction may be given to the Judicial Magistrate II, Poonamallee, to complete the proceedings and commit the case to the Sessions Court, within a time limit that may be fixed by this Court. 3.Heard the learned Additional Public Prosecutor appearing on behalf of the respondent.

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4.There shall be a direction to the Judicial Magistrate II, Poonamallee, to commit the case in PRC No.16 of 2017, within a period of six weeks from the date of receipt of a copy of this order. On being committed to the Sessions Court, the Sessions Court shall proceed further with the case and complete the proceedings within a period of six months thereafter. 5.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kal To 1.The Principal Sessions Judge, Thiruvallur.

2.The Judicial Magistrate No.II, Poonamallee.

3.The Inspector of Police, Vellavedu Police Station, Tiruvallur District.

4.The Public Prosecutor, High Court of Madras, Chennai.

+2ccs to Mr.K.R.Rameshkumar, Advocate, S.R.No.47985 Crl.O.P.No.15081 of 2019 NRJK(CO) RRS(25/06/2019) https://hcservices.ecourts.gov.in/hcservices/