Madras High CourtCRL OP/14879/2024disposed of

S.Ulaganathan v. S.Sadhasivam

2024-07-30Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Ulaganathan ... Petitioner Vs.

S.Sadhasivam ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Judicial Magistrate, Fast Track Court, Ambattur to speedy dispose the Crl.M.P.No.808 of 2023 in S.T.C.No.224 of 2016 pending on the file of Judicial Magistrate, Fast Track Court, Ambattur within the prescribed time frame. For Petitioner : Mr.Jesus Moris Ravi For Respondent : Tapal returned unserved

O R D E R

The petitioner herein is the complainant in S.T.C.No.224 of 2016, pending on the file of the Judicial Magistrate, Fast Track Court, Ambattur. The case ended in conviction vide order dated 14.02.2022 sentencing the accused / Sadhasivam, imprisonment for a term of 9 months and pay double the cheque amount as compensation. Since the convict is absconding and had not preferred any appeal, the petitioner has 1/4

filed Crl.M.P.No.808 of 2023 to declare the convict Sadhasivam as proclaimed offender. The said petition is pending without passing final order. Hence he is before this Court seeking direction to the Judicial Magistrate, Ambattur for speedy disposal of his petition. 2.

The notice was sent through post to the respondent/accused returned unserved. The records indicates that as against the conviction passed in the month of February 2022, there is no appeal preferred. While so, there is no impediment for the Magistrate to take coercive steps to secure the convict and commit him to prison. The petition filed under Section 82 of Cr.P.C., by the complainant for declaring the absconding convict as proclaimed offender to be taken up for consideration and appropriate order shall be passed at the earliest. 3.

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

30.07.2024 Index : Yes/No rpl To 2/4

The Judicial Magistrate, Fast Track Court, Ambattur Dr.G.JAYACHANDRAN,J.

3/4

rpl 30.07.2024 4/4