← Library
Madras High CourtCRL OP/26019/2016disposed of

E.Mohan Kumar, Aged 38 Years, v. State Rep. By,

2016-12-16Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2016

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.26019 of 2016 E.Mohan Kumar

...Petitioner/

Sole Accused Vs State rep. by the Sub Inspector of Police, Tirupur Rural Police Station, Tirupur - 641 601.

...Respondent/

Complainant Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondent police enable the Judicial Magistrate No.II, Tirupur to complete the trial in CC No.525 of 2013 within a stipulated period of time.

For Petitioner : Ms.S.J.Jayanthi for M/s.V.S.Viswanathan For Respondent : Mr.C.Emalias, APP

ORDER

The present criminal original petition has been filed seeking a direction to the respondent police to enable the learned Judicial Magistrate No.II, Tirupur to complete the trial of the case in CC No.525 of 2013 within a stipulated period of time.

2. According to the petitioner, the respondent police had registered a case in Crime No.283 of 2013 against him for the offences punishable under Sections 294(B), 324 and 506(i) IPC and thereafter, filed charge sheet before the learned Judicial Magistrate No.II, Tiruppur, who in turn, has taken the same on file as CC No.525 of 2013 on 28.11.2013. But, till now, the trial has not commenced, due to inaction on the part of the respondent police in obeying the direction of the learned https://hcservices.ecourts.gov.in/hcservices/

Magistrate to bring one or two witnesses for examination. Therefore, the petitioner is before this Court with the present petition for the above stated relief.

3. Learned Additional Public Prosecutor submitted that the case has been posted for examination of LW1 to LW4 on 19.01.2017.

4. In view of the submission made by the learned Additional Public Prosecutor that the trial is scheduled to be commenced on 19.01.2017, the learned Judicial Magistrate No.II, Tiruppur is directed to complete the trial and dispose of the case in CC No.525 of 2013 as expeditiously as possible, without granting unnecessary adjournments.

5. With the above direction, the Criminal Original Petition is disposed of.

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

1. The Judicial Magistrate No.II, Tirupur.

(1a). Do Thro The Chief Judicial Magistrate, Tirupur.

2. The Sub Inspector of Police, Tirupur Rural Police Station, Tirupur - 641 601.

3. The Public Prosecutor, High Court, Madras - 104.

+1cc to Mr.Vijayakumar, Advocate, S.R.No. 73708 ALA(CO) RS(23/01/2017) Crl.O.P.No.26019 of 2016 https://hcservices.ecourts.gov.in/hcservices/