Madras High CourtCRL OP(MD)/2775/2018disposed of

S. Karuppaiah, S/O.Subbaiah, v. The Inspector Of Police,

2018-03-02Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL OP(MD)No.2775 of 2018 S.Karuppaiah ... Petitioner Vs.

The State, Rep. By the Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to grant direction of completing the trial of the case in C.C.No.88 of 2015 is pending on the file of the Learned Judicial Magistrate, Uthamapalayam, Theni District for the time limit stipulated by this Court in so far as the petitioner is concerned.

For Petitioner : Mr.D.Selvanayagam For Respondent : Mr.Prabu Ramachandran Govt. Advocate (Crl.side) ***

O R D E R

This petition has been filed by the defacto complainant to direct the learned Judicial Magistrate, Uthamapalayam to dispose of the case in C.C.No.88 of 2015 at early.

2.The learned counsel for the petitioner has submitted that the case in C.C.No.88 of 2015 is pending from the year 2015 and so far, only five witnesses have been examined and hence, he requests this Court to direct the concerned Judicial Magistrate to expedite the trial and dispose of the case in C.C.No.88 of 2015 at early. 3.The learned Government Advocate (Crl.side) appearing for the respondent has submitted that based on the complaint given by the petitioner herein a case has been registered in Cr.No.162 of 2014 for the offences under Sections294(b), 379, 406, 420, 468, 471, 506(ii) IPC @ 294(b), 506(i) IPC and 420 of IPC and subsequently, charge-sheet has been filed and based on that, case has been taken https://hcservices.ecourts.gov.in/hcservices/

on file in C.C.No.88 of 2015 against the accused namely Tamilarasi. He further submitted that totally 17 witnesses have been cited and out of them, five witnesses were examined and now, the case is posted for examination of other witnesses. 4.Considering the aforesaid submission, the learned Judicial Magistrate, Uthamapalayam is directed to dispose of the case in C.C.No.88 of 2015 within a period of three months from the date of receipt of a copy of this order. The respondent is directed to produce the remaining witnesses before the trial Court without seeking unnecessary adjournments.

5.With the aforesaid observation, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Uthamapalayam, Theni District.

2. The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

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

+ 1 cc TO Mr.D.Selvanayagam , Advocate in SR No. 52657 am AE/JC/SAR3/02.04.2018/2P/5C CRL OP(MD)No.2775 of 2018 02.03.2018 https://hcservices.ecourts.gov.in/hcservices/