Madras High CourtCRL OP/21947/2014dismissed as infructuous

Thangavel Gounder v. The Inspector Of Police

2020-02-06Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.21947 of 2014 and Crl.M.P.No.1 of 2014 1.Thangavel Gounder 2.Ragu 3.Rajagopal 4.Jagadesh

...Petitioners

-Vs1.State by Inspector of Police, Natrampalli Police Station, Vellore District.

2.K.Mohan ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to quash the First Information Report dated 5.6.2014 in Crime No.158 of 2014 on the file of the 1st Respondent Police.

For Petitioner : M/s.Karan and Uday For Respondent : Mr.R.Ravichandran for R1 Government Advocate (Crl.side) Mr.V.Murugesan for R2.

O R D E R This petition has been filed to quash the F.I.R. in Crime No.158 of 2014, on the file of the first respondent Police. 2.When the matter is taken up for hearing, the learned Government Advocate (Crl.side) would submit that the investigation in Crime No.158 of 2014 was completed and a charge sheet was filed on 19.08.2014 itself before the learned Judicial Magistrate No.3, Tirupattur, and the same was taken on file in P.R.C.No.6 of 2014. He further submitted that since Stay was granted by this Court, the learned Magistrate has not committed the case to the designated Court, since the offence involved is under SC/ST Act.

3.The learned counsel for the petitioner sought for an adjournment. However, since the matter is pending from 2014 onwards and the charge sheet was also filed, it is the duty of Page No.1/2 https://hcservices.ecourts.gov.in/hcservices/

the Magistrate to commit the case to the designated Court. Therefore, this Court is not inclined to adjourn the matter. 4.Therefore, the Interim Stay already granted by this Court on 18.08.2014, is hereby vacated. The learned Judicial Magistrate No.3, Tirupattur, is directed to commit the case in P.R.C.No.6 of 2014 to the designated Court at Vellore, within a period of two weeks from today, i.e., on or before 20.02.2020. After taking the case on file, the trial Court is directed to dispose of the case within a period of six months, from the date of committal of the case.

5.With the above directions, this Criminal Original Petition is disposed of. Connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(C.S.IV) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.III, Tirupattur.

2. The Inspector of Police, Natrampalli Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.Karan and Uday, Advocate Sr.No. 10194 AKM/14.02.2020/2P-4C / Crl.O.P.No.21947 of 2014 Page No.2/2 https://hcservices.ecourts.gov.in/hcservices/