C.Manivannan v. N.Skanavel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.Manivannan (Amended as per Order in a M.P.No.140/dated 25/1/11) The Executive Officer, Arulmigu Angalaparameshwari and Kasivishwananthar Temple, Choolai, Chennai-14.

.. Petitioner /versus/ 1.Mr.N.Skanavel, Managing Trustee, S/o Nadesan, No.23, Samypillai Street, Choolsi, Chennai-112.

2.Mr.K.Jagadeesan, S/o Kadasamy, No.13/1 Chittalu Street, Choolai,Chennai-112.

3.Mr.S.Mohanasundaram S/o Srinivasan, 18/9 Bashyam Street, Otteri, Chennai-12.

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4.Mr.S.Tamilselvan, S/o Srinivasan, No.12, AvathanamPappaiyer 2nd Street, Choolai, Chennai-14.

5.Mr.P.Natarajan, S/o Palani, 2/1, Kancheevaram Munusamy Street, Choolai, Chennai-12.

Trustees of A/m Angalaparameshwari Amman and kasivishwananthar Temple, Choolai, Chennai-12.

.. Respondents Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the II Metropolitan Magistrate Court, Egmore, Chennai to dispose the case in C.C.No.5126/2010 as expeditiously as possible within a time frame fixed by this Hon'ble High Court.

For Petitioner :Mr.C.Manivannan Party in Person ------

O R D E R

The petitioner herein was a former Executive Officer of the HR and CE Department. It is now stated that he has been removed from service. A private complaint was filed by the erstwhile Trustees of Arulmigu Angalaparameshwari and Kasivishwananthar Temple, Choolai, Chennai against 2/5

the petitioner alleging misappropriation of temple property and also permitting the 3rd party to trespass into the temple land. 2.

According to the petitioner, he is an innocent person. The private complaint has been lodged with some ulterior motive and protracting of trial had caused grave prejudice to him and therefore, seeks for direction to dispose of the case as expeditiously as possible.

3.

The contention of the petitioner herein is that so far no witness has been examined. The petitioner appears in person and therefore, this Court is not able to elucidate further details about the status of the case pending before the trial Court, however, able to understand anxious of the petitioner, who is suffering the criminal prosecution by way of the private complaint, which is pending for past 30 years.

4.

This Court is of the view that it is suffice to direct the trial Court to expedite the examination of the witnesses as early as possible and dispose of the case. It is also brought to the notice of the trial Court that when this petitioner approached this Court for quash of the criminal complaint, there was 3/5

a direction to the II Metropolitan Magistrate Court, Egmore, Chennai, to dispose of the case within a period of two months from the date of receipt of a copy of that order. That order came to be passed in Crl.O.P.No.3515 of 2011, dated 25.07.2011. But, unfortunately, even after lapse of 12 years, the case could not be completed. Probably the petitioner could have contributed for it but without further delay the trial Court shall expedite to dispose of the case, within a period of 4 months from the date of receipt of a copy of this order and if the complainant or the accused/petitioner herein fails to co-operate with the trial, the same may be recorded and suitable action may be taken against them. 5.

With the above directions, this Criminal Original Petition is disposed of.

30.10.2023 Index:yes/no Speaking order/non speaking order ari To:

The II Metropolitan Magistrate Court, Egmore, Chennai. 4/5

Dr.G.JAYACHANDRAN, J.

ari 30.10.2023 5/5