M/S.Jain Granites & Projects v. Mr.V.Shanmugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.25508 of 2016 M/s.Jain Granites & Projects India Limited, rep.by its Vice President Mr.S.Kalyanasundaram

...Petitioner/Complainant

Vs.

1. V. Shanmugam

2. Mrs.Tamilmani

3. Mr.Suresh Kumar

4. M/s.Vakai Enterprises, rep. By Its Indian Reoresentative Mr.Arumai Selvam ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the Honble XIII Metropolitan Magistrate, Allikulam, Chennai to take the case in S.R.No.1552/2016 pending on the file of the XIV Metropolitan Magistrate, Allikulam, Chennai-600003 record the Sworn Statement and issue summons to the respondent/accused 1 to 4 accordance with law considering the emergency and plight of the petitioner company. For Petitioner : Mr.T.G.V.Aravinthan

O R D E R

This Criminal Original Petition has been filed seeking direction to the XIII Metropolitan Magistrate, Allikulam, Chennai to take the case in S.R.No.1552/2016 pending on the file of the XIV Metropolitan Magistrate, Allikulam, Chennai-600 003, record the Sworn Statement and issue summons to the respondent/accused 1 to 4 accordance with law considering the emergency and plight of the petitioner company. 2.Heard the learned counsel for the petitioner. 3.It is seen that the petitioner had filed a private complaint in S.R.No.1552 of 2016 before the XIV Metropolitan Magistrate, Allikulam, Chennai-600 003 on 07.06.2016 and it is the contention of the petitioner that the same is not being taken on file by the said Magistrate.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel for the petitioner fairly conceded that there is no Presiding Officer in the XIV Metropolitan Magistrate Court, Allikulam, Chennai-600 003 and it is the XIII Metropolitan Magistrate, who is in additional charge of the said Court.

5. Under such circumstances, taking into consideration the volume of work, which the XIII Metropolitan Magistrate Court has to deal with, this Court directs the XIII Metropolitan Magistrate, Allikulam, Chennai-600 003, to pass appropriate orders on the petitioner's complaint within four weeks from the date of receipt of a copy of this order.

6.The Criminal Original Petition is closed with the above direction.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kmi To The XIII Metropolitan Magistrate, Allikulam, Chennai-600 003.

+1cc to M/S.T.G.V.Aravinthan, Advocate Sr.68654 Crl.O.P.No.25508 of 2016 rp[co] srg 22/12/2016 https://hcservices.ecourts.gov.in/hcservices/