M.Nithyanandham v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.No.23153 of 2018 M.Nithyanandham ... Petitioner Vs

1. The State rep The Inspector of Police B-7, Vellavedu Police Station, Vellavedu, Thiruvallur District.

2. Rajesh

3. Saravanan

4. Devaraj

5. Dinesh

6. Issac Devan @ Isacc

7. Marumuthu

8. Ganesan @ Kali

9. Ajay

10. Veera

11. Sasidharan @ Black

12. Vipin @ Thendral

...Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Judicial Magistrate Court-II, Poonamallee to take necessary steps for speedy disposal of the above case in C.C.No. 3372 of 2017 on the file of the Judicial Magistrate Court-II, Poonamallee within a time stipulated by this Hon'ble Court. For Petitioner : Mr.P.Manikannan For R1 : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the Judicial Magistrate No.II, Poonamallee, to take necessary steps for speedy disposal of the case in C.C. No.3372 of 2017, on the file of the Judicial Magistrate Court No.II, Poonamallee, within a time to be stipulated by this Court.

2. Today, Mr.Gopi, Special Sub-Inspector of Police, B-7 Vellavedu Police Station, Thiruvallur, is present before this Court.

3. On instructions, learned Additional Public Prosecutor, appearing for the respondent police, submitted that the investigation in Crime No.886 of 2016 was completed and a final report was filed before the Judicial Magistrate Court No.II, Poonamallee, against 11 accused and the same has been taken on file as PRC No.16 of 2017. Since, the police have not been able to serve the summons on four of the accused, the learned Magistrate could not complete the committal proceedings.

4. In such view of the matter, a direction to the Magistrate to commit the aforesaid case to the Court of Sessions within a time limit, cannot be issued. The respondent police is directed to ensure that the summons are served on the above said four of the accused and thereafter, the Magistrate is directed to complete the committal proceedings, expeditiously. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mkn/ssr To

1. The Inspector of Police B-7, Vellavedu Police Station, Vellavedu, Thiruvallur District.

2. The Judicial Magistrate No.II, Poonamallee.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Manikannan, Advocate Sr.67623 Crl.O.P.No.23153 of 2018 srg 15/10/2018