Madras High CourtCRL OP/9647/2015disposed of

Moulana Mohamed Ismail v. The Inspector Of Police

2015-04-17Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9647 of 2015 Moulana Mohamed Ismail .. Petitioner Vs State rep. By The Inspector of Police, K-8, Arumbakkam Police Station, Arumbakkam, Chennai.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Metropolitan Magistrate - V, Egmore, Chennai to conclude the trial of C.C.No.18752 of 2005, within a stipulated period of time and proceed further in accordance with law.

For Petitioner :Mr.G.Mutharasu For Respondents :Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the learned Metropolitan Magistrate - V, Egmore, Chennai to conclude the trial of C.C.No.18752 of 2005, within a stipulated period of time and proceed further in accordance with law, the petitioner/accused has come up with this petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3.It appears that the case in C.C.No.18752 of 2005 is pending on the file of the learned Metropolitan Magistrate - V, Egmore, Chennai for the last 10 years. Earlier, a direction was issued by this Court in Crl.O.P.No.5524 of 2014 on 17.03.2014 to complete the trial of the case within a period of four months. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that before the trial Court, eight witnesses have been examined and now, the petitioner/accused has filed a petition under Section 311 Cr.P.C., for recalling the prosecution witness.

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5.In view of the fact that the case is pending from the year 2005, a direction is issued to the learned Metropolitan Magistrate - V, Egmore, Chennai to dispose of the petition filed by the petitioner/accused filled under Section 311 Cr.P.C., on merits, this way or that way, expeditiously, and then, complete the trial of the case in C.C.No.1875 of 2005 within a period of four months from the date of receipt of a copy of this order. 6.With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jbm To

1. The Metropolitan Magistrate V, Egmore, Chennai.

2. -do- Throguh The Chief Metropolitan Magistrate, Egmore, Chennai.

3.The Inspector of Police, K-8, Arumbakkam Police Station, Arumbakkam, Chennai.

4.The Public Prosecutor, High Court, Madras.

Crl.OP No.9647 of 2015 GJ(CO) EU 27.04.15 https://hcservices.ecourts.gov.in/hcservices/