R.Marappan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.5537 of 2016 R.Marappan ... Petitioner Vs.

State rep the Inspector of Police, District Crime Branch, Namakkal District,Cr.No.9 of 2011.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying for a direction to dispose of the C.M.P.No.4195 of 2015 in C.C.No.247 of 2015 on the file of the Judicial Magistrate Tiruchengode as expeditiously as possible within period of stipulated time by appreciating the above said facts.

For Petitioner : Mr.A.Thiyagarajan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking for a direction to dispose of the C.M.P.No.4195 of 2015 in C.C.No.247 of 2015 on the file of the learned Judicial Magistrate, Tiruchengode.

2.Heard the submissions made by the learned counsel appearing on either side.

3.The learned counsel for the petitioner would submit that the petitioner filed protest application for further investigation and it is yet to be disposed of. Hence, he wants earlier disposal.

4.The learned Additional Public Prosecutor would submit that after due investigation charge sheet has been levelled against the accused for the offence punishable under Sections 419, 467, 468, 471, 467 read with 34, 468 read with 34, 471 read with 109, 447 and 506(i) of IPC and there is no necessity for further investigation and prayed for dismissal of the petition. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the rival submissions made on both sides, since the defacto complainant has filed C.M.P.No.4195 of 2015 and counter has been filed only on 06.11.2015 and it is posted for enquiry on 21.03.2016, this Court feels that it is a fit case for giving direction. Accordingly, the learned Judicial Magistrate, Tiruchengode is directed to dispose of the C.M.P.No.4195 of 2015 in C.C.No.247 of 2015 within a period of one month from the date of receipt of a copy of this order. 6.The Criminal Original Petition is disposed of with the above direction.

pri s/d- Assistant Registrar(AS) True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate, Tiruchengode.

2. The Chief Judicial Magistrate, Namakkal district.

3. The Inspector of Police, District Crime Branch, Namakkal District, Cr.No.9 of 2011.

4. The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.A.Thiyagarajan, Advocate, SR 16130 scd(co) prk23/3 Crl.O.P.No.5537 of 2016 https://hcservices.ecourts.gov.in/hcservices/