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Madras High CourtCRL OP/28564/2018disposed of

Udhayakumar v. The Inspector Of Police,

2018-12-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2018

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.28564 of 2018 Udhayakumar ... Petitioner/de-facto complainant Vs.

Inspector of Police, S-13, Chrompet Police Station, Chennai - 44.

... Respondent /Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate, Tambaram to dispose the case in PRC No.35 of 2017 expeditiously and fairly within the time fixed by this Court.

For Petitioner : Mr.A.Antony Robson For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor * * * * *

O R D E R

This petition has been filed to expedite the committal proceedings, which is pending in PRC No.35 of 2017 on the file of the Judicial Magistrate, Tambaram.

2.The learned counsel for the petitioner would submit that the petitioner is the de-facto complainant. A final report has been filed by the respondent Police for an offence under Sections 147, 148, 341, 450 and 307 of IPC r/w Section 34 of IPC. The case is in PRC stage from the year 2017 onwards and no steps have been taken to commit the case before the concerned Sessions Court.

3.The learned counsel for the petitioner would submit that, the case is continuing at the stage of issuing summons to the accused persons, for more than one year.

4.This Criminal Original Petition is disposed of with the direction to the Judicial Magistrate, Tambaram to commit the case in PRC No.35 of 2017 within a period of two months from the date of receipt of a copy of this order. If some of the accused https://hcservices.ecourts.gov.in/hcservices/

persons are absconding, after the committal, the concerned Sessions Court can take appropriate decision to split up the case and proceed further with the trial.

5.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gsp/rm To 1.The Judicial Magistrate, Tambaram.

2.Inspector of Police, S-13, Chrompet Police Station, Chennai - 44.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.Antony Robson, Advocate sr.no.84950 Crl.O.P.No. 28564 of 2018 nr 20/12/2018 https://hcservices.ecourts.gov.in/hcservices/