Madras High CourtCRL OP/29278/2019disposed of

V.Mani v. State By

2020-10-12Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN CRL.O.P.No.29278 of 2019 V.Mani .. Petitioner Vs.

1. State By:

Inspector of Police, District Crime Branch, Kancheepuram District (Crime No.38/2009)

2. E.Kuppuraj 3.R.Senthil Kumar .. Respondents (R2 & R3 are impleaded as per order in Crl.M.P.No.16256/2019 in Crl.O.P.No.29278/2019 dated 08.11.2019) Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Judicial Magistrate No.II, Chengalpet, to complete the trial in C.C.No.112 of 2014 pending on the file of the learned Judicial Magistrate No.II, Chengalpet, within a specific time fixed.

For Petitioner :Mr.Arockia Raj For Respondents :Mr.S.Karthikeyan (for R1) Additional Public Prosecutor :Not ready in notice (R2 & R3)

O R D E R

The petitioner seeks a direction to direct the learned Judicial Magistrate No.II, Chengalpet, to complete the trial in C.C.No.112 of 2014 pending on the file of the learned Judicial Magistrate No.II, Chengalpet, within a specific time fixed by this Court.

2.Heard Mr.Arockia Raj, learned counsel appearing for the petitioner and Mr.S.Karthikeyan, learned Additional Public https://hcservices.ecourts.gov.in/hcservices/

Prosecutor appearing for the 1st respondent.

3.Today, when the matter is came up for hearing, the learned Additional Public Prosecutor appearing for the 1st respondent on instruction would submit that earlier, though the case was posted for framing the charges, the respondents 2 & 3 being accused had not appeared and therefore, admittedly Non-Bailable Warrant was issued. Only recent days, they were appeared before the Trial Court and subsequently, filed application under Section 239 of Cr.P.C. praying to discharge them from the charges and the said application was pending for past two years. The said submission is recorded.

4.On considering the facts and circumstances, it seems that the case was pending from the year 2014 on the file of the learned Judicial Magistrate No.II, Chengalpet and though the application was filed under Section 239 of Cr.P.C., the same has been kept without any progress for the past two years and the same is not appreciated.

5.In view of the above, this Court directs the learned Judicial Magistrate No.II, Chengalpet to dispose the case in C.C.No.112 of 2014 within a period of four months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mtl To 1.The learned Judicial Magistrate No.II, Chengalpet.

2.The Inspector of Police, District Crime Branch, Kancheepuram District.

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

+1cc to Mr.K.R.Ramesh Kumar, Advocate, sr no.33943 CRL.O.P.No.29278 of 2019 RR(CO) RMP(03/12/2020) https://hcservices.ecourts.gov.in/hcservices/