V.Kumar v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2022 CORAM :
THE HONOURABLE Ms. JUSTICE R.N.MANJULA V.Kumar ... Petitioner Vs The Inspector of Police Selaiyur Police Station Tambaram, Chennai-73.
... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to pass an order to expeditiously dispose of the proceedings in C.C No.918 of 2012 in Crime No.1109 of 2012 on the file of the respondent and long pending before the Judicial Magistrate Court No.I, Tambaram, within the time frame fixed by this Court. For Petitioner : Mr.S.Jothiraj For Respondent : Mr.S.Santhosh Government Advocate (Crl.side)
O R D E R
The Criminal Original Petition has been filed, seeking a direction to expeditiously dispose of the proceedings in C.C No.918 of 2012 in Crime No.1109 of 2012 on the file of the respondent before the Judicial 1/4
Magistrate Court No.I, Tambaram, within the time frame fixed by this Court.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent.
3. The petitioner is the de-facto complainant who has filed the complaint on the allegation of cheating. The grievance of the complainant is that despite the charge sheet has been taken on file as early as in the year 2012, the case is still pending without disposal.
4. It is submitted by the learned Government Advocate (Crl.Side) that the examination of prosecution witnesses have been completed and the case stands posted to 21.11.2022 for defence side evidence.
5. But however, from the details of e-court proceedings submitted by the learned counsel for the petitioner, it is seen that the matter stood posted for questioning from 16.03.2020 to 30.09.2020. Between these periods, several adjournments have been given for the very same reason and thereafter, the case has been adjourned for 4 years for appearance and 2/4
once again for evidence from 23.11.2020. In the meanwhile, some miscellaneous petitions have been filed and they were pending. Again on 02.11.2022 when the matter was posted for evidence, it is being adjourned for the very same reason to 21.11.2022. It is needless to state that the proceedings have been conducted in a snail phase. Many adjournments could have been avoided in a matter which is 10 years old.
6. Hence, I feel it is appropriate to impress the learned Judicial Magistrate No.I, Tambaram, to dispose of the case within a period of two months from the date of receipt of a copy of this order.
7. Accordingly, this Criminal Original Petition is allowed. 04.11.2022 Index : Yes/ No Speaking Order:Yes/No uma 3/4
R.N.MANJULA.,J uma To 1.The Judicial Magistrate No.I, Tambaram.
2.The Inspector of Police Selaiyur Police Station Tambaram, Chennai-73.
3.The Public Prosecutor High Court of Madras.
Crl.O.P.No.26702 of 2022 04.11.2022 4/4