Madras High CourtCRL OP/33093/2019disposed of

Biruntha v. State Rep. By

2019-12-09Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2019

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.33093 of 2019 Biruntha ... Petitioner/Defacto complainant Vs.

State Rep by Inspector of Police, All Women's Police Station, Pollachi, Coimbatore District.

(Cr.No.7 of 2016) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to direct the Judicial Magistrate No.1, Pollachi, to dispose of the case in C.C.No.97 of 2018 pending on its file, within a stipulated period as fixed by this Hon'ble Court. For Petitioner : Mr.K.Govi Ganesan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed by the defacto complainant to direct the Judicial Magistrate No.1, Pollachi to dispose of the case in C.C.No.97 of 2018 at early.

2. The learned counsel for the petitioner has submitted that though in the above case, charge sheet was filed and the case was taken on file in the year 2018 and for the past 17 months, no progress has been made in C.C.No.97 of 2018 and hence, he requests to direct the concerned Judicial Magistrate to dispose of the aforesaid case at early.

3. The learned Additional Public Prosecutor has submitted that the sole accused has filed an application in Crl.MP.No.4585 of 2018 to discharge him from the aforesaid case and hence the said petition is pending and hence the Judicial Magistrate could not dispose of the main case.

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4. Considering the rival submissions, the Judicial Magistrate No.1, Pollachi is directed to dispose of the petition in Crl.MP.No.4585 of 2018 (discharge petition) within one month from the date of receipt of a copy of this order.

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

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar Vv/ebsi To

1. The Inspector of Police, All Women's Police Station, Pollachi, Coimbatore District.

2. The Public Prosecutor, Madras High Court, Chennai.

3.The Judicial Magistrate No.I Pollachi +1 cc to Mr.K.Govi Ganesan Advocate sr102388 Crl.O.P.No.33093 of 2019 aa11/12/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/