M.Ranjith v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M.Ranjith ... Petitioner Vs.

1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Katpadi Taluk, Vellore District 2.The Superintendent of Police, O/o.The Superintendent of Police, Vellore District, Vellore ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Judicial Magistrate, Katpadi to dispose the petition in Crl.m.P.No.510 of 2022 pending on his file within the time fixed.

For Petitioner : Mr.S.Gowri Shankar For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

O R D E R

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The petitioner herein has given a private complaint before the Judicial Magistrate, Katpadi to take cognizance or to proceed in consonance with provision of Code as contemplated under Section 156(3), 190 and 200 Cr.P.C. Though the complaint was given on 25.03.2022 and taken on file in Crl.M.P.No.510 of 2022, the learned Magistrate has not passed final order in the application. 2.

From the docket orders, this Court finds that initially the petition been adjourned for getting sanction and thereafter, heard the counsel for the complainant who had explained that to entertain the petition filed under Section 156(3) Cr.P.C., against the public servant namely the police person in this case, no prior sanction is required, Even then, the learned Magistrate has again adjourned the matter for four hearings without passing orders. Being aggrieved, the present petition is filed seeking direction to the Magistrate to dispose of the petition in Crl.M.P.No.510 of 2022 filed under Section 156(3) Cr.P.C. 3.

From the averments made in the petition and the docket order passed by the Magistrate, since the date of filing clearly show that 2/4

the Magistrate has delayed in disposing the petition for want of sanction, in spite of been explained by the learned counsel for the petitioner that at this stage no sanction is required to consider the petition filed under Section 156(3) Cr.P.C, this Criminal Original Petition is disposed of directing the Magistrate to pass orders on merit in Crl.M.P.No.510 of 2022 within a period of 30 days from the date of receipt of copy of this order.

12.06.2024 Index : Yes/No rpl To 1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Katpadi Taluk, Vellore District 2.The Superintendent of Police, O/o.The Superintendent of Police, Vellore District, Vellore 3.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

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