Madras High CourtCRL OP/24995/2022dismissed

Kumar v. Inspector Of Police

2022-10-14Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.24995 of 2022 Kumar ... Petitioner Vs.

State Rep.by the Inspector of Police, Kandhili Police Station, Tirupattur District.

(Crime No.86/2020) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Judicial Magistrate No.II, Thirupattur to complete the Trial of the case in C.C.No.206 of 2021 at the earliest. For Petitioner : Mr.S.Praveennath For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.II, Thirupattur to complete the Trial of the case in C.C.No.206 of 2021 at the earliest.

2. The counsel for the petitioner submitted that the petitioner lodged a complaint against the accused person for the offence of job racketing and it was registered in Crime No.86 of 2020 under Sections 294(b), 420 and 506(i) IPC. Subsequently, after filing of final report, the case was taken on file as C.C.No.206 of 2021 on the file of the Judicial Magistrate-II, Thirupattur. He further submitted that, the case is pending, without any progress and hence appropriate direction may be given the Trial Court to dispose the matter, within a time frame, as fixed by this Court.

3. A perusal of the Diary extract shows that the case is pending at the stage of service of summons. Only after completion of service, the parties can appear before the Court. Therefore, unless service is completed and the 2/4

parties appeared, this Court is of the view that, no direction can be issued to the Trial Court to complete the Trial, within a specific time. Therefore, this petition has no merits and the same is liable to be dismissed.

4. Accordingly, this Criminal Original Petition is dismissed. 14.10.2022 Index:Yes/No mst To:

1. The Inspector of Police, Kandhili Police Station, Tirupattur District.

2. The Public Prosecutor, High Court of Madras.

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V.SIVAGNANAM, J.

mst Crl.O.P. No.24995 of 2022 14.10.2022 4/4