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Madras High CourtCRL OP/16258/2018dismissed

S.Easwaramuthy, Aged 60 Years, v. Subramaniam,

2018-08-03Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.16258 of 2018 S.Easwaramurthy ... Petitioner -Vs1.Subramaniam 2.Subbulakshmi 3.S.Sivaraj 4.S. Kannan ... Respondents Prayer:

Petition filed under Section 482 Criminal Procedure Code to issue necessary directions to dispose the case in C.C. No. 359 of 2010 on the file of the Judicial Magistrate, Avinashi within 3 months from the date of order.

For Petitioner :Mr.K.Balakrishnan For Respondents : -

O R D E R

The prayer sought for in the present petition is to issue necessary directions to dispose the case in C.C. No. 359 of 2010 on the file of the Judicial Magistrate, Avinashi.

2. It appears that this petitioner had filed a petition in M.P.No.359/2010 before the District Munsif-cum-Judicial Magistrate, Avinashi under Section 156 Cr.PC. Eight (8) years thereafter, the petitioner has filed as the present petition for a direction to the learned Magistrate to dispose of his petition.

3. In the prayer in this petition, the petitioner has given the case No. as C.C.No.359 of 2010. Therefore, when this matter came for admission on 25.06.2015, this court was under the impression that the calender case of the year 2010 is still pending on the file of the District Munsif-cum-Judicial Magistrate, Avinashi and therefore, this Court by an order dated 25.06.2018 called for a report from the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Avinashi about the delay in disposal of C.C.No.359/2010. This cloud has been cleared today, hence the direction of this Court dated 25.06.20118 to the learned Judicial Magistrate, Avinasi stands re-called.

4. Coming to the facts of the case, for a complaint which is said to have been given in the year 2010, the present petition filed in the year 2018, suffers from laches and therefore, this petition stands dismissed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ak TO:

1.The Judicial Magistrate, Avinasi.

+1cc to Mr.K.Balakrishnan, Advocate sr.no.54298 Crl.O.P.No.16258 of 2018 br(co) nr 03/09/2018 https://hcservices.ecourts.gov.in/hcservices/