Madras High CourtCRL OP(MD)/6570/2019disposed of

Nagarajan, S/O.Manikandan v. Kaviseelan, S/O.Palchami

2019-06-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.6570 of 2019 and Crl.M.P.(MD)No.4353 of 2019 Nagarajan : Petitioner

Versus

Kaviseelan : Respondent Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the learned Principal District Judge, Theni, to dispose the Criminal Revision Petition No.6 of 2019 within a stipulated time fixed by this Court. For Petitioner : Mr.M.Sankar *****

O R D E R

The present petition has been filed seeking a direction to the learned Principal District Judge, Theni, to dispose of Criminal Revision Petition No.6 of 2019, within a time frame.

2. The grievance of the petitioner is that the respondent herein has filed S.T.C.No.25 of 2016 before the learned Judicial Magistrate, Uthamapalayam, Theni District, in which, the petitioner herein is arrayed as an accused. The said case was posted for arguments on the side of the petitioner/accused. While so, the petitioner filed a petition under Section 311 Cr.P.C., to recall P.W.1 and the said petition has been dismissed by the learned Judicial Magistrate, Fast Track Court (M.L.), Uthamapalayam, by order dated 14.02.2019. Challenging the same, the petitioner filed a petition in Crl.O.P.(MD)No.3015 of 2019 before this Court and the same was dismissed as withdrawn with such liberty, by order dated 26.02.2019. Pursuant to the said order, the petitioner preferred a revision before the learned Principal District and Sessions Judge, Theni, on 07.03.2019 and the same is pending. Pending revision, the learned Judicial Magistrate, Uthamapalayam, is now proceeding with the trial. In the above circumstances, the present petition has been filed seeking the aforesaid relief.

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3. Considering the facts and circumstances of the case and also considering the fact that now the trial is being proceeded with by the learned Judicial Magistrate, Uthamapalayam, the learned Principal District Judge, Theni, is directed to dispose of the revision in Criminal Revision Petition No.6 of 2019, on merits and in accordance with law, on or before 26.06.2019, after affording sufficient opportunity to the petitioner and the respondent.

4. The Criminal Original Petition is disposed of with the above direction. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To The Principal District Judge, Theni.

+1 CC to Mr.M.SANKAR, Advocate SR-67525.

Order made in Crl.O.P.(MD) No.6570 of 2019 Dated: 04.06.2019 CS: (12/06/2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/