Madras High CourtCRL OP(MD)/2993/2020disposed of

Boominathan v. The Inspector Of Police

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

Crl.O.P.(MD).No.2993 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.2993 of 2020 Boominathan ..Petitioner Vs.

1.The State Rep by The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

2.Muniyandi ..Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Judicial Magistrate No.1, Sivagangai to dispose of C.C.No.134 of 2016, which is pending on his file within the time fixed by this Court.

For Petitioner : Mr.V.Muthumani For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed to direct the learned Judicial Magistrate No.1, Sivagangai to dispose of C.C.No.134 of 2016, which is pending on his file within the time fixed by this Court.

2.The learned counsel appearing for the petitioner would submit that the petitioner is an Accused No.5 in C.C.No.134 of 2016, which is pending on the file of the learned Judicial Magistrate No.1, Sivagangai for the offences under Sections 120(B), 417 and 420 of IPC. He would further submit that summon has been issued on the petitioner and that he has regularly appeared. Since the Judicial Magistrate have not taken steps to serve the summon on the other accused, the case is pending from the year 2016. Hence, he would seek that a direction may be issued to the Judicial Magistrate for speedy disposal.

3.The learned Additional Public Prosecutor appearing for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.2993 of 2020 first respondent police would submit that totally there are 8 accused and 12 witnesses in this case. He would further submit that now the case stands posted on 27.02.2020 for service of summons to A6 to A8.

4.This Court is appealed that the summons have not been served by the respondent police on the accused for four years from 2016.

5.In view of the same, a direction is issued to the Judicial Magistrate No.1, Sivagangai to take steps to serve summons on the other accused through the first respondent at the earliest and to expedite the trial in C.C.No.134 of 2016 and to dispose of the same on merits in accordance with law as expeditiously as possible preferably within a period of six months from 27.02.2020. 6.With the above directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To:

1.The Judicial Magistrate No.1, Sivagangai.

2.The Superintendent of Police, Sivagangai District. (for appropriate action) 3.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

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

+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-7379[F] dated 20/02/2020 Crl.O.P.(MD).No.2993 of 2020 20.02.2020 https://hcservices.ecourts.gov.in/hcservices/ JMN(05.03.2020) 2P : 6C 2/2