Thangam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Thangam, : Petitioner Vs

1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, Thiruvegampat Police Station, Sivagangai District.

: Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to order to direct the learned Judicial Magistrate Court, Devakottai, Sivagangai District to dispose the case in CC No.160 of 2022 within a stipulated period as stipulated by this Court. For Petitioner : Mr.R.Balamuruganantham For Respondents : Mr.R.Sivakumar Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Judicial Magistrate Court, Devakottai, Sivagangai District to dispose the case in CC No.160 of 2022.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. It is evident from the records that on the basis of the complaint lodged by the petitioner, FIR came to be registered in Crime No.39 of 2019 and that the respondent police, after completing the investigation, has laid the final report before the learned Judicial Magistrate Court, Devakottai, Sivagangai District and the same was taken on file in C.C.No.160 of 2022.

4.The main contention of the petitioner is that he is a Senior Citizen and that therefore, this case has to be expedited. But the fact 2/5

remains that, the charge sheet has been filed in the year 2020. The High Court has already issued Circulars to the District Judiciary directing the Courts to give priority for the cases relating to the Senior Citizens, HIV affected persons, Defence personnel, women and children etc., The petitioner without approaching the trial Court has directly approached this Court. In the absence of total pending particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within the specified period of time.

5. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The learned Judicial Magistrate, Devakottai, Sivagangai District. is directed to consider the request of the petitioner, on the ground of Senior Citizenship, for early trial.

6. With the above observation and direction, this Criminal Original Petition stands disposed of.

10.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No lr 3/5

To 1.The Judicial Magistrate, Devakottai, Sivagangai District.

2. The Superintendent of Police, Sivagangai District, Sivagangai.

3. The Inspector of Police, Thiruvegampat Police Station, Sivagangai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

lr Order made in Dated: 10.01.2023 5/5