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Madras High CourtCRL OP(MD)/5652/2019disposed of

B.Anbazhagan, v. The Inspector Of Police

2019-04-16Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl OP(MD)No.5652 of 2019 B.Anbazhagan ... Petitioner/Defacto Complainant Vs.

The Inspector of Police, Vickramasingapuram, Tirunelveli District.

...Respondent/Complainant

PRAYER:- Petition filed under Section 482 of Criminal Procedure Code,to direct the learned Sub Judge to dispose the case in SC No.432 of 2016, before the Sub Court, Ambasamudram as expeditiously as possible within a stipulated time frame fixed by this Court. For Petitioner : Mr.P.P.Alwin Balan For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor,

ORDER

This criminal original petition has been filed seeking to direct the learned Sub Judge to dispose of the case in SC No.432 of 2016, on the file of the Sub Court, Ambasamudram as expeditiously as possible within a stipulated time frame fixed by this Court. 2.Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing the respondents Police.

3.The petitioner is the de facto complainant in SC No.432 of 2016 and the case is pending from the year 2016, without any progress. The trial Court also issued NBW against A2 to A5 on 11.09.2014. However, till date the Law Investigating Agency, has not executed the NBW and secured the accused person. Due to the same, the trial is not able to be completed. Hence, the petitioner is before this Court with the above prayer.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that this Court may first issue a direction to the respondent Police to execute the NBW within a period of two months and subsequently, may issue direction to the trial Court to dispose of the case within a period of the six months therefrom. 5.In view of the above submissions made on either side, this Court directs the respondent Police to execute the NBW issued against A2 to A5 in SC No.432 of 2016, within a period of two months from the date of receipt of a copy of this order and the learned Sub Judge, Ambasamudram is directed to disposed of the case in SC https://hcservices.ecourts.gov.in/hcservices/

No.432 of 2016, within a period of six months therefrom. 6.With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Subordinate Judge, Ambasamudam.

2.The Inspector of Police, Vickramasingapuram, Tirunelveli District.

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

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-61485[F] dated 22/04/2019 ) Crl.OP(MD)No.5652 of 2019 16.04.2019 SP:06/05/2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/