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Madras High CourtCRL OP/34508/2019disposed of

A.Khalid Basha v. State By

2020-03-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:02.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.34508 of 2019 A.Khalid Basha ..Petitioner /versus/ State by The Inspector of Police, K-3, Aminjakarai Police Station, Chennai, Cr.No.1136/2015.

..Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned V Metropolitan Magistrate Egmore, Chennai to committal the P.R.C.No.17/2016 before the learned District and Principal Sessions Judge, Chennai and further direct the District and Principal Sessions Judge, Chennai to dispose the case within the stipulated time.

For Petitioner : Mr.N.Sudharsan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the learned V Metropolitan Magistrate Egmore, Chennai to committal the P.R.C.No.17/2016 before the learned District and Principal Sessions Judge, Chennai and further direct the District and Principal Sessions Judge, Chennai to dispose the case within the stipulated time.

2.The petitioner is the father of the deceased son. The case of the prosecution is that the petitioner's son was murdered by his room-mates where he was staying at Chennai. The house owner of the property one Sujatha, who rented the premises to the petitioner's son, lodged a complaint to the respondent police. Based on her complaint, First Information Report was registered in Crime No.1136/2019 for the offence under Section 302 of IPC. Thereafter, investigation was completed and charge https://hcservices.ecourts.gov.in/hcservices/

sheet has also been filed before the V Metropolitan Magistrate, Egmore, Chennai and the same was taken on file as P.R.C.No.17 of 2016 and thereafter, till date the files were not committed to the learned Principal District and Sessions Judge, Chennai. Due to the delay in committing the case before the committal Court, the petitioner has approached this Court by way of filing the criminal original petition for the aforesaid prayer. 3.The learned Additional Public Prosecutor on instructions submitted that the investigation has been completed and a final report has also filed and the same has been taken on file in PRC.No.17/2016 by the District and Principal Sessions Judge, Chennai.

4.Considering the facts and circumstances of the case, the learned V Metropolitan Magistrate, Egmore, Chennai is directed to complete the committal proceedings in P.R.C.No.17 of 2016, within a period of eight weeks from the date of receipt of a copy of this order.

5.Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ari To 1.The Inspector of Police, K-3, Aminjakarai Police Station, Chennai, 2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Sudharsan, Advocate, S.R.No.19641 Crl.O.P.No.34508 of 2019 SSD(CO) RN(28/05/2020) https://hcservices.ecourts.gov.in/hcservices/