Madras High CourtCRL OP(MD)/22120/2015disposed of

Karthikeyan v. The Inspector Of Police

2015-11-24Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.22120 of 2015 Karthikeyan ... Petitioner/L.W.4 -VsState Rep.by The Inspector of Police, Jeeyapuram Police Station, Trichy District (Crime No.367 of 2001) ... Respondent/Complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Judicial Magistrate No.III, Tiruchirappalli to commit the case in P.R.C.No.38 of 2002 within a stipulated time as may be fixed by this Court. For Petitioner : Mr.D.Rameshkumar For Respondent : Mr.A.P.Balasubramani Govt.Advocate (Crl.side)

O R D E R

The petitioner has come forward with this petition, praying to direct the learned Judicial Magistrate No.III, Tiruchirappalli to commit the case in P.R.C.No.38 of 2002 within a stipulated time as may be fixed by this Court.

2. D.Rameshkumar, the learned counsel appearing for the petitioner would submit that though the matter is pending for nearly 13 years, no progress have been made to commit the case in P.R.C.No.38 of 2002.

3. I have heard the learned counsel appearing on either side and perused the materials available on record.

4. Whether the case should result in committal or not this Court cannot decide and it is for the Magistrate to decide the issue, based on merits of the matter. Since the matter is pending before the Judicial Magistrate No.III, Tiruchirappalli in P.R.C.No.38 of 2002, for a long period of 13 years, this Court direct the Judicial Magistrate No.III, Tiruchirappalli, to decide the P.R.C.No.38 of 2002, as expeditiously as possible. The concerned Court, after committal of the case, is directed to conduct the case on day-to-day basis and dispose of the same as early as possible, considering the pendency of the case for the last 13 years. It is made clear that the case should not be https://hcservices.ecourts.gov.in/hcservices/

adjourned beyond three working days at any point of time.

5. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar MPK To 1.The Judicial Magistrate No.III, Tiruchirappalli.

2.The Inspector of Police, Jeeyapuram Police Station, Trichy District.

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

+1CC to Mr.D.Rameshkumar Advocate Sr.No.67066 CSL/GSV/AN/4.12.2015-2P-5C Crl.O.P.(MD)No.22120 of 2015 24.11.2015 https://hcservices.ecourts.gov.in/hcservices/