Madras High CourtCRL OP(MD)/2689/2020disposed of

Naggor Kani v. The Inspector Of Police

2020-02-20Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No. 2689 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.2689 of 2020 Nagoor Kani ..Petitioner/Accused Vs.

The Inspector of Police, Centre Police Station, Thoothukudi, Thoothukudi District.

(Crime No.601 of 2014) ... Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the Learned Judicial Magistrate No.II, Thoothukudi to dispose of the case in C.C.No.145 of 2015 pending on the file of Judicial Magistrate No.II Court, Thoothukudi.

For Petitioner : Mr.S.Muthumalai Raja For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to direct the Learned Judicial Magistrate No.II, Thoothukudi to dispose of the case in C.C.No.145 of 2015 pending on the file of Judicial Magistrate No.II Court, Thoothukudi.

2. The learned counsel appearing for the petitioner would submit that he is an accused facing trial in C.C. No. 145 of 2015 before the learned Judicial Magistrate No.II, Thoothukudi, for the offences under Sections 51, 52 (A) r/w 63 of Copy Right Act. He would further submit that the case was registered during the year 2014 and final report was filed during the year 2015 and that the petitioner is undergoing ordeal trial for the past five yeas. He would further submit that during the year 2019, P.W.1 to P.W.4 were examined and the petitioner has cross examined the witnesses on the same day and thereafter, there is no progress in the trial.

3. The learned Additional Public Prosecutor appearing for the respondent police would submit that the post of the learned Judicial Magistrate No.II, Tuticorin is vacant and no regular Magistrate is appointed so far. The case now stands posted for examination of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 2689 of 2020 Investigation Officer and when the regular Magistrate is posted the respondent police is ready to get along with the trial.

4. In view of the aforesaid submission, the Criminal Original Petition stands disposed of with direction to complete the trial and dispose the case in C.C. No. 145 of 2015, within a period of Three Months, from the date of assuming charge of the regular learned Judicial Magistrate No.II, Tuticorin.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa To 1.The Judicial Magistrate No.II, Tuticorin.

2. The Inspector of Police, Centre Police Station, Thoothukudi, Thoothukudi District.

(Crime No.601 of 2014)

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

+1 CC to M/s.S.MUTHUMALAIRAJA, Advocate ( SR-7569[F] ) Crl.O.P.(MD).No.2689 of 2020 20.02.2020 SP (07.05.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2