Madras High CourtCRL OP(MD)/3515/2018disposed of

Ramanathan v. The Inspector Of Police

2018-03-22Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No. 3515 of 2018 Ramanathan ... Petitioner -VsThe Inspector of Police, District Crime Branch, Tirunelveli District.

Cr.No.35 of 2011.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Judicial Magistrate No.1, Tirunelveli to expedite the trial and dispose of the case in C.C.No.81 of 2015 within a time frame fixed by this Court. For Petitioners :Mr.R.J.Karthick For Respondent :Mr.Prabhu Ramachandran Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the defacto complainant to direct the learned Judicial Magistrate No.I, Tirunelveli to dispose of the case in C.C.No.81 of 2015 at early.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side).

3.The learned counsel for the petitioner has submitted that based on the complaint given by the petitioner, the case was registered against seven accused persons for the offences under Sections 467, 468 and 120(b) I.P.C and subsequently, it was altered into under Sections 120(b), 467, 468 and 420 I.P.C. He further submitted that after investigation, charge-sheet was filed and case was taken on file in C.C.No.81 of 2015. Thereafter, there is no progress in the aforesaid case for the past 3 years and hence, he requests to direct the concerned Magistrate to dispose of the said case at early.

4.The learned Government Advocate (Crl.Side) has submitted that the case has been filed against 7 accused persons and now, it is posted to 08.05.2018 for questioning with regard to the offences and https://hcservices.ecourts.gov.in/hcservices/

he requests to fix some reasonable time for disposing of the aforesaid case.

5.The diary extract produced by the petitioner is perused. Once copies furnished, the case should be posted on the next day or within a reasonable time for enabling the accused to go through the charge-sheet and other documents filed by the prosecution and answer the charges to be framed against them. But, in this case, it appears that the Judicial Magistrate has adjourned the case by giving month's time and and even after several months, he has not questioned the accused with regard to the charges levelled against them. Therefore, the Judicial Magistrate No.I, Tirunelveli is directed to issue notice to the accused Nos.1 to 7 and advance the hearing and ask questions with regard to the charges levelled against them, by framing necessary charges and conduct the trial by posting the case on day-to-day basis and dispose of the same within 6 months from the date of receipt of copy of this order. 6.With the above direction, the Criminal Original petition is disposed of.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Tirunelveli.

2.The Inspector of Police, District Crime Branch, Tirunelveli District.

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

+1CC TO M/S.R.J.KARTHICK, ADVOCATE, SR NO.57347 Crl.O.P.(MD) No. 3515 of 2018 22.03.2018 vs MS/SKN-RSK/SAR-1/26.03.2018/4P.5C https://hcservices.ecourts.gov.in/hcservices/