Makthum Sait v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.17232 of 2019 Makthum Sait

...Petitioner

Vs.

State Rep. by The Inspector of Police, Central Crime Branch, Team VII, Vepery, Chennai

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to withdraw and transfer the unnumbered CC..of 2019 in Crime No.187 of 2009 from the file of Metropolitan magistrate Court for trial of Land Grabbing Court - 1, Periamet, Chennai. For Petitioner :Mr.V.Haridass For Respondents :Mr.M.Mohammed Riyaz Additional Public prosecutor

O R D E R

This petition has been filed seeking for a direction to transfer the final report that is pending before the Special Metropolitan Magistrate Court for Land Grabbing, Chennai to the concerned jurisdiction Magistrate Court and to fix a time limit for the completion of the case.

2.

It is seen from records that the FIR was registered in the year 2009 and after investigation, a final report was filed before the Special Metropolitan Magistrate Court for Land Grabbing, Chennai and there has been absolutely no progress in the case for the last nine years. Therefore, the present petition has been filed seeking for appropriate directions. 3.

Heard the learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the respondent.

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4.

Taking into consideration the facts and circumstances of the case, the respondent police is directed to get the final report returned from the learned Special Court, Land Grabbing I, Chennai and file the same before the learned Special Metropolitan Magistrate Court, CCB, CBCID, Egmore. This process shall be completed within a period of two weeks from the date of receipt of copy of this order. On such filing of the final report, the learned Special Metropolitan Magistrate Court, CCB, CBCID, Egmore, shall take cognizance of the final report in accordance with law and shall complete the proceedings within a period of six months thereafter.

5. This Criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar rka To

1. The Inspector of Police, Central Crime Branch, Team VII, Vepery, Chennai

2. The Special Metropolitan magistrate Court for trial and Land Grabbing Court - 1, Perimet, Chennai.

3. The Spl. Metropolitan Magistrate, CCB, CBCID, Egmore, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.V.Haridass, Advocate, S.R.No.55309 Crl.O.P.No.17232 of 2019 PA(CO) SSM(19/07/2019).

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