Madras High CourtCRL OP(MD)/2002/2022disposed of

K.Boobalan v. The Inspector Of Police

2022-02-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2002 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2002 of 2022 K.Boobalan ... Petitioner Vs.

The Inspector of Police, CSCID Police Station, Tirunelveli.

Crime No.176 of 2004 ... Respondent Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate No.IV, Thoothukudi to expedite and pass appropriate orders in the discharge petition filed by the petitioner in Cr.M.P.No.6032 of 2018 in C.C.No.519 of 2017 on the file of the learned Judicial Magistrate No.IV, Thoothukudi within a stipulated time period as may be fixed by this Court.

For Petitioner : Mr.C.Aravinthan For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition has been filed by the 21th accused in C.C.No.519 of 2017. He had filed a discharge petition. But the same has not been disposed of till date. I wanted to know as to why for more than three years, a discharge petition has been kept pending. It is stated that another accused filed Crl.R.C.(MD) No.323 of 2020 before this Court and in that connection, the entire case bundle had been called for and that is why the present discharge petition could not be disposed of.

2.Taking into account the said submission, I direct the Registry to return the entire case bundle to the learned Judicial Magistrate No.IV, Thoothukudi, so that Cr.M.P.6032 of 2018 can be disposed of within a period of four weeks after the bundles are received. As and when Crl.R.C.(MD)No.323 of 2020 is taken up for hearing, the bundles can be summoned back.

3.With this direction to the Registrar Judicial and direction to the Court below to dispose of the discharge petition mentioned in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2002 of 2022 this petition within a period of four weeks from the date of receipt of the case bundles, the Criminal Original Petition is disposed of. Sd/- Deputy Registrar (LA&MC) // True Copy // / /2022 Sub Assistant Registrar(CS) sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judicial Magistrate No.IV, Thoothukudi. 2.The Inspector of Police, CSCID Police Station, Tirunelveli.

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

Copy to:

1.The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-3766[F] dated 02/02/2022 ) Crl.O.P(MD)No.2002 of 2022 02.02.2022 MGJ(04.03.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2