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Madras High CourtCRL OP/24756/2024disposed of

M. Lakshmi Priya v. The State Rep By Its,

2024-10-04Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M.Lakshmi Priya ... Petitioner Vs.

The inspector of police, T-1 Ambattur Police Station.

Chennai- 600 053.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C.,/ 528 BNSS, pleased to direct the Judicial Magistrate, Ambattur to conduct the trial and dispose the case in C.C.No 37/2023 in Crime No.1493/2021 within a stipulated time.

For Petitioner : Mr.Perambur E.Palani For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

The petitioner herein is the defacto complainant in Crime No.1493 of 2021 investigated by the respondent police. On completion of investigation, final report filed before the Judicial Magistrate, Ambattur and same has been taken on file in C.C.No.37 of 2023. 1/4

2.

From the report of the online case status, this Court finds that due to absence of the accused, the Judicial Magistrate is unable to serve copies under Section 207 Cr.P.C., and hence the case is adjourned from time to time. The inordinate delay in commencing the trial apparently due to non cooperation of the accused and the same is palpably seen from the status report. Therefore, the Judicial Magistrate is hereby directed to ensure the presence of the accused by not entertaining petition under Section 317 of Cr.P.C., and to serve copies under Section 207 Cr.P.C., and proceed with the trial immediately without adjourning the case unnecessarily.

3.

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

04.10.2024 Index : Yes/No rpl To 1.The Judicial Magistrate, Ambattur 2.The inspector of police, 2/4

T-1 Ambattur Police Station.

Chennai- 600 053.

3.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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rpl 04.10.2024 4/4