P.Janarthanan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP P.Janarthanan

...Petitioner

Vs.

The Sub Inspector of Police, South Thamaraikulam Police Station, Kanyakumari District.

(Crime No.490 of 2015) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue a suitable direction to the trial Court for the speedy disposal of the case in C.C.No.314 of 2018 on the file of the learned Judicial Magistrate, Additional Mahila Court, (Magisterial Level), Nagercoil to dispose the above case within the suitable time prescribed by this Court.

For Petitioner : Mr.S.Vijayakumar For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor 1/4

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner is the sole accused in C.C.No.314 of 2018 seeking direction to the learned Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil to dispose of the case within a stipulated time.

2. The learned Additional Public Prosecutor, on instructions, from the Respondent police submitted that in C.C.No.314 of 2018, the case is posted to 23.02.2024 for the appearance of the Sub-Inspector who registered the F.I.R and for the appearance of the investigation officer.

3. Recording the submission of the learned Additional Public Prosecutor, the Petitioner is directed to cross examine the witnesses when they appear before the Court to depose the evidence. The Petitioner is arrayed as A1. Provided all the accused appeared before the learned Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil and when the witnesses are examined by the Court, they shall be cross examined by the accused. In such circumstances, the learned Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil will be able to dispose of the case within a period of one month. 2/4

4. In the light of the above discussion, the learned Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil is directed to dispose of the case as early as possible, preferably in the month of February or March 2024. If any of the accused absconds and the Non-Bailable Warrant is issued. On instructions by the learned Judicial Magistrate, if the accused is produced, the accused may be detained in prison till the disposal of the case.

5. With the above said direction, this Criminal Original Petition is allowed.

11.01.2024 Index : Yes/No Internet:Yes/No jbr To 1.The Judicial Magistrate, Additional Mahila Court, (Magisterial Level), Nagercoil.

2.The Sub Inspector of Police, South Thamaraikulam Police Station, Kanyakumari District.

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SATHI KUMAR SUKUMARA KURUP, J., jbr 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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