Madras High CourtCRL OP(MD)/1125/2020disposed of

P.Gandhi v. The Superintendent Of Police

2020-01-24Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P.(MD).No.1125 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.(MD).No.1125 of 2020 P. Gandhi

...Petitioner/A1

Vs.

1.The Superintendent of Police Theni District, Theni

2. The Inspector of Police Special Wing for Land Grabbing Cases Theni ...Respondent 1 & 2/Complainant

3. Janaki ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate, Special Court for Land Grabbing Cases, Theni in RCS NO.5 of 2019 to conduct the speedy trial and close the matter within the time stipulated by this Honourable Court.

For Petitioner : Mr.A.Rajaram For Respondents : Mr.S.Chandrasekar No.1 and 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Special Court for Land Grabbing Cases, Theni in RCS NO.5 of 2019 to conduct the speedy trial and close the matter within the time stipulated by this Honourable Court.

2. The learned counsel for the petitioner would submit that the petitioner is a retired Sub Inspect of Police, who served more then 30 years in the department. He got superannuation and retired on 30.06.2019. But he had not been given terminal benefits since a criminal case was registered against him in Crime No. 35 of 2018. He would further submit that the second respondent after completing investigation filed final report closing the case as 'Further Action Dropped ', where as the third respondent who is the defacto complainant in Crime No.35 of 2018 has filed the protest petition and the same is still pending. Because of the non closure of the case by the learned Magistrate, the petitioner is unable to receive terminal benefits. Hence he has filed the present petition for a direction to direct the learned Judicial Magistrate, Special Court for Land Grabbing Cases, Theni to dispose of the proceedings in RCS NO.5 of 2019 within time specified by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.1125 of 2020

3. In view of the same, there shall be a direction to the learned Judicial Magistrate, Special Court for Land Grabbing Cases, Theni to dispose of the final report in Crime No. 35 of 2018 (RCS NO.5 of 2019)within a period of three months from the next hearing date.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Judicial Magistrate, Special Court for Land Grabbing Cases, Theni 2.The Superintendent of Police Theni District, Theni

3. The Inspector of Police Special Wing for Land Grabbing Cases Theni 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.A.RAJARAM, Advocate ( SR-2776[F] dated 24/01/2020 ) CRL.O.P.(MD).No.1125 of 2020 24.01.2020 VB(04.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2