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Madras High CourtCRL OP(MD)/758/2023disposed of

Sivaji Ganesan v. The Inspector Of Police

2023-01-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Sivaji Ganesan ... Petitioner Vs.

The Inspector of Police, Othakadai Police Station, Madurai Distirct.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to issue a direction to expedite the trial made in C.C.No.63 of 2022 on the file of the Judicial Magistrate, Melur, Madurai District.

For Petitioner : Mr.S.Kanagarajan, For Respondent : Mr.R.Sivakumar Government Advocate (Crl. side) for R1 to R3 1/4

ORDER

This Criminal Original Petition filed, under Section 482 Cr.P.C., seeking orders, to issue a direction to expedite the trial made in C.C. No.63 of 2022 on the file of the Judicial Magistrate, Melur, Madurai District.

2. The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.357 of 2007 on 24.08.2007, for the offence under Sections 147, 120(b), 419, 420, 463, 467, 468 of IPC; that since the respondent has not chosen to proceed with the investigation, the petitioner has filed a petition in Crl.O.P.(MD)No.5824 of 2013, seeking direction to expedite the investigation and this Court vide order dated 12.07.2013, directed the respondent Police to complete the investigation within three months from the date of receipt of copy of that order.

3. He would further submit that subsequently, charge sheet came to be filed on 31.03.2022 and the same was taken on file in C.C.No.63 of 2022.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the summons in respect of A2 to A9 are pending.

5. Recording the submission made by the learned Government Advocate (Criminal Side), the respondent Police is directed to take necessary steps to serve the summons on all the accused within 15 days from the date of receipt of copy of this order and in case of failure to serve summons, the learned Judicial Magistrate, Melur, Madurai District, is directed to pass necessary orders and after the service of summons, the learned Magistrate is directed to proceed with other formalities and then to conduct the trial and dispose of the case within a period of four months from the date of appearance of all the accused.

6. With the above directions, this Criminal Original Petition stands disposed of.

12.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.Judicial Magistrate, Melur, Madurai District.

2.The Inspector of Police, Othakadai Police Station, Madurai Distirct.

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

Order made in Dated: 12.01.2023 4/4