A.Senthil Kumar, Aged 44 v. Addl. Deputy Commercial Tax

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.Nos.25342, 25343 & 25344 of 2016 A.Senthil Kumar

...Petitioner

(in Crl.OP.Nos.25342, 25343 & 25344 of 2016) Vs.

Addl. Deputy Commercial Tax Officer-IW, Commercial Taxes Department, 100 feet Road, Puducherry.

... Respondent (in Crl.OP.Nos.25342, 25343 & 25344 of 2016) PRAYER:

Criminal Original Petition No.25342 filed under Section 482 of Cr.P.C to direct the trial Court to dispose of the petition under Section 205 of Cr.P.C in C.C.No.507/2013 in CMP No.1990 of 2016 pending on the file of the Hon'ble Judicial Magistrate-I at Puducherry.

Criminal Original Petition No.25343 filed under Section 482 of Cr.P.C to direct the trial Court to dispose of the petition under Section 205 of Cr.P.C in C.C.No.205/2013 in CMP No.1992 of 2016 pending on the file of the Hon'ble Judicial Magistrate-I at Puducherry.

Criminal Original Petition No.25344 filed under Section 482 of Cr.P.C to direct the trial Court to dispose of the petition under Section 205 of Cr.P.C in C.C.No.206/2013 in CMP No.1991 of 2016 pending on the file of the Hon'ble Judicial Magistrate-I at Puducherry.

For Petitioner:Mr.P.Suresh (in Crl.OP.Nos.25342, 25343 & 25344 of 2016) For Respondents:Mr.Thangavel Addl. Public Prosecutor Pondicherry.

(in Crl.OP.Nos.25342, 25343 & 25344 of 2016)

C O M M O N O R D E R These criminal original petitions have been filed to direct the trial Court to dispose of the petitions under Section 205 of Cr.P.C in C.C.No.507/2013 in CMP No.1990 of 2016, C.C.No.205/2013 in CMP No.1992 of 2016 and C.C.No.206/2013 in CMP No.1991 of 2016 pending on the file of the Judicial Magistrate No.I, Puducherry.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor (Pondicherry) appearing for the respondent.

3. The petitioner is facing prosecution in C.C.Nos.205/2013, 206/2013 & 507/2013 before the Judicial Magistrate No.I, Puducherry.

4. On the complaint lodged by the Additional Deputy Commercial Tax Officer for offences under Pondicherry General Sales Tax Act, 1967, the petitioner has filed petitions under Section 205 Cr.P.C for dispensing with his personal appearance and the same are pending disposal before the Judicial Magistrate No.1, Pondicherry. Hence, the petitioner is before this Court to direct the Judicial Magistrate No.1, Puducherry to dispose of the petitions filed by him.

5. Learned Additional Public Prosecutor submitted that a copy of the complaint has been furnished to the petitioner and the case is ripe for trial.

6. Under such circumstances, the petitioner is directed to surrender before the Judicial Magistrate No.1, Pondicherry within two weeks from the date of receipt of a copy of this order and on such surrender he shall be released under Section 436 Cr.P.C on the same day, on he executing a bond for Rs.10,000/- with two sureties (two common sureties). Thereafter, the Judicial Magistrate No.1, Pondicherry is directed to pass appropriate orders on the petitions filed by the petitioner under Section 205 Cr.P.C within four weeks. The trial Court is directed to complete the trial as expeditiously. With the above directions, these petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To

1. The Judicial Magistrate No.1, Pondicherry.

2. The Addl. Deputy Commercial Tax Officer-IW, Commercial Taxes Department, 100 feet Road, Puducherry.

3.The Public Prosecutor, Pondicherry.

+1cc to Mr.P.Suresh, Advocate Sr.67603 +1cc to the Government Pleader Sr.68121 Crl.O.P.Nos.25342, 25343 & 25344 of 2016 rk[co] srg 16/12/2016