Madras High CourtCRL OP/26730/2017dismissed for nonprosecution

A.K.Durai, 54 Yrs, v. The Inspector Of Police,

2021-12-06Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2021

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.26730 OF 2017 & CRL.M.P.NOS.15234 AND 15388 OF 2017 A.K.Durai ... Petitioner/Accused - 2

Versus

1. The Inspector of Police, J-8, Nellangarai Police station, Chennai - 600 115

2. Vijayaraghavan ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in S.C.No.159 of 2015 on the file of the learned Assistant Sessions Court, Tambaram and quash the same.

For Petitioner : No appearance For Respondents : Mr.S.Vinoth Kumar for R1 Government Advocate (Crl.Side) No appearance - R2

O R D E R

The present Criminal Original Petition is filed to call for the records in S.C.No.159 of 2015 on the file of the learned Assistant Sessions Court, Tambaram and quash the same.

2. When the petition is taken up for hearing, there is no representation on behalf of the petitioner either in-person or through learned counsel.

3. The learned Government Advocate (Crl.Side) for the 1st respondent submits that the petitioner has approached this Court only to drag on the proceedings.

https://hcservices.ecourts.gov.in/hcservices/

4. Since the petition is of the year 2017 and by now, nearly four years had lapsed, there is no representation for the petitioner and in view of the submission made by the learned Government advocate (Crl.Side) for 1st respondent that the petitioner has approached this Court only to drag on the proceedings, the trial court, viz., learned Assistant Sessions Court, Tambaram is directed to proceed with the trial in S.C.No.159 of 2015 without any further delay. Accordingly this Criminal Original Petition is dismissed for non-prosecution. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ssd To

1. The Assistant Sessions Court, Tambaram.

2. -do- through The Principal Sessions Judge, Chennai.

3. The Inspector of Police, J-8, Nellangarai Police station, Chennai - 600 115

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.26730 of 2017 & Crl.M.P.Nos.15234 and 15388 of 2017 KSM(CO) RLP(23/12/2021) https://hcservices.ecourts.gov.in/hcservices/