R.Arun Kumar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN R.Arun Kumar .. Petitioner /versus/ State Represented by The Inspector of Police, Anuparpalayam Police Station, Tiruppur-641 652 (Crime No.1149 of 2012) .. Respondent Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate No.3, Tiruppur to commit the case in PRC No.24 of 2012 to the Court of Sessions, Tiruppur with further directions to dispose the case as expeditiously as possible. For Petitioner : Mr.R.Alvin Manoj Raj For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed by the 5th accused to issue direction to the learned Judicial Magistrate No.3, Tiruppur to commit the case in P.R.C.No.24 of 2012 to the Court of Sessions, Tiruppur with further direction to dispose of the case as expeditiously as possible. 2.

Taking note of the fact that the PRC is of year 2012, this Court called for status report from the Judicial Magistrate No.3, Tiruppur. The learned Judicial Magistrate in response to the direction has submitted the status report, wherein it is stated that the investigation of this case initially taken up by the Anupparpalayam police station which falls in the jurisdiction of Judicial Magistrate No.1, Tiruppur. Later, due to division of police station, the territory of scene of occurrence fall under Thirumuruganpoondi police station jurisdiction. Accordingly, the Judicial Magistrate No.1 is the territorial jurisdiction Magistrate. Therefore, PRC No.24 of 2012 on the file of Judicial Magistrate No.3, Tiruppur initially sent to Judicial Magistrate, Avinashi and same again returned to Judicial 2/4

Magistrate No.1, Tiruppur on 20.06.2023 due to the division of police station jurisdiction as well as Court jurisdiction. 3.

Considering the fact that the offence alleged to have taken place on 19.06.2012, despite the completion of investigation and filing final report, matter not been taken cognizance by the Court of Sessions. Hence the learned Chief Judicial Magistrate, Tiruppur is directed to verify the reason for delay in committal of PRC.No.24 of 2012 even after file been transferred to Judicial Magistrate No.1, Tiruppur on 26.04.2023 vide S.No.335/2023 in the proceedings of Judicial Magistrate No.2 FAC, Tiruppur and take appropriate action preferably within a period of one month. The PRC shall be committed to the Court of Sessions. 4.

With the above directions, this Criminal Original Petition is disposed of 18.12.2023 Netural Citation:yes/no rpl Dr.G.JAYACHANDRAN , J.

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rpl To:

1.The Chief Judicial Magistrate, Tiruppur.

2.The Judicial Magistrate No.3, Tiruppur.

3.The Inspector of Police, Anuparpalayam Police Station, Tiruppur-641 652.

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

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