S.Ulaganathan v. S.Sadhasivam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Mr.S.Ulaganathan.

... Petitioner/Complainant /versus/ Mr.S.Sadhasivam.

...Respondent/Accused

Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the Learned Judicial Magistrate, Fast Track Court, Ambattur Court to speedily dispose the Crl.M.P.No.807 of 2023 in STC.No.222 of 2016 pending on the file of Judicial Magistrate, Fast Track Court, Ambattur within the prescribed time frame as mandated under the Act and law. For Petitioner : Mr.P.Jesus Moris Ravi For Respondent : No appearance ***

O R D E R

The petitioner herein is the complainant in S.T.C.No.222 of 2016 on the file of Judicial Magistrate, Fast Track Court, Ambattur. 1/4

2. The respondent/accused was convicted by the trial Court and in the said case he is absconding therefore, the petitioner has filed an application for proclamation under Section 82 of Cr.P.C.

3. The Learned Counsel for the petitioner submits that the application filed under Section 82 of Cr.P.C numbered as Crl.M.P.No.807 of 2023 not yet disposed of by the Judicial Magistrate, Fast Track Court, Ambattur. Hence, seeks for direction to the Judicial Magistrate to dispose of the application as expeditiously as possible.

4. The Learned Counsel for the petitioner also submitted that the Judicial Magistrate has adjourned the hearing of application to 08.08.2024 and attempt to serve notice to the respondent/accused failed which indicates that the respondent, who is convicted in the above Summary Trial Case is absconding. The notes paper of the Judicial Magistrate also indicates that attempt to serve notice to the respondent/accused ended in futile and that is one of the cause for delay in disposing the application in Crl.M.P.No.807 of 2023. 2/4

5. In the light of the above fact, it is suffice to direct the Judicial Magistrate, Fast Track Court, Ambattur, to give priority to this application and pass orders in accordance with law as early as possible, after complying the procedure contemplated under Section 82 of Cr.P.C.

6. With the above observation, this Criminal Original Petition is disposed of.

25.07.2024 Index : Yes/No.

: Yes/No.

bsm Copy to:-

1. The Judicial Magistrate, Fast Track Court, Ambattur.

2. The Public Prosecutor, High Court, Madras. 3/4

Dr.G.JAYACHANDRAN,J.

bsm 25.07.2024 4/4