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Madras High CourtCRL OP/23534/2024disposed of

Jenarthanan v. The State Rep.By

2024-10-17Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Jenarthanam ... Petitioner Vs.

State Rep. By The Inspector of police, Central Crime Branch, Alandur, Chengalpattu Crime No.19 of 2017 ... Respondent Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to direct the learned Judicial Magistrate-I, Alandur to expedite the trial in P.R.C.No.60 of 2023 within the time stipulated. For Petitioner : Mr.G.Parthasarathy For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

The petitioner along with the others were shown as accused by the respondent police. The case is registered for preparing fake passport and cheating. On completion of investigation, final report been filed under Sections 12(1)(b), 12(1-A)(a), 12(2) of the Passports Act, 1967 and 1/4

Section 14 of the Foreigners Act, 1946 r/w 420, 468 & 471 of IPC. 2.

The matter is now pending before the Judicial Magistrate No.I, Alandur for committal in P.R.C.No.60 of 2023. The petitioner who is the 2nd accused, is before this Court for expeditious trial stating that the case in P.R.C., stage is pending for more than one year. The counter filed by the State reveals that except this petitioner, rest of the accused A1, A3 to A5 and A7 are absconding and summons yet to be served on them. It is also stated in the counter that the petitioner has filed an application for split up and the same is pending and the matter is posted to 25.10.2024. 3.

Considering the fact that the First Information Report registered on 05.04.2017 and the final report filed on 05.08.2023 has not yet been committed, due to the abscondance of the other accused. Therefore, it is appropriate to direct the Judicial Magistrate to ensure that if the other accused could not be served, the case against them shall be split up and the case against the petitioner shall be committed as expeditiously as possible.

4.

With the above direction, this Criminal Original Petition is 2/4

disposed of.

17.10.2024 Index : Yes/No rpl To 1.The Judicial Magistrate-I, Alandur 2.The Inspector of police, Central Crime Branch, Alandur, Chengalpattu 3.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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rpl 17.10.2024 4/4