Madras High CourtCRL OP(MD)/10410/2017allowed

K. Sankar v. The Inspector Of Police

2017-08-08Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P(MD)No.10410 of 2017 K.Sankar : Petitioner/Accused No.1 Vs.

The Inspector of Police, Sellur Crime Police Station, Madurai.

(Crime No.627 of 2013) : Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to expedite the disposal of the case pending before the learned Judicial Magistrate Court No.II, Madurai, in C.C.No.992 of 2013 within the time stipulated by this Court. For Petitioner : Mr.R.Venkatesan For Respondent : Mr.K.Anbarasan, Government Advocate(Crl.Side).

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O R D E R

This Criminal Original petition is filed to expedite the disposal of the case pending before the learned Judicial Magistrate Court No.II, Madurai, in C.C.No.992 of 2013 within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondent.

3. The petitioner stated that a case was registered against him in Crime No.627 of 2013, dated 05.07.2013, on the file of the respondent herein for the offence under Section 379 of I.P.C., r/w 34 of I.P.C. The petitioner is arrayed as first accused.

4. The learned counsel for the petitioner submitted that the petitioner was falsely implicated in the above criminal case. It is further submitted that the petitioner though regularly appearing before the learned Judicial Magistrate No.II, Madurai, the case is yet to be disposed of due to non co-operation of the co-accused and the complainant. It was in the said circumstances, the present petition is filed.

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5. The Hon'ble Apex Court has observed in many cases that the speedy trial is a component of personal liberty. Having regard to the facts and circumstances of the case, this Court is inclined to allow this petition.

6. As a result, the Criminal Original petition is allowed and the learned Judicial Magistrate No.II, Madurai, is directed to complete the trial and dispose of the criminal case in C.C.No.992 of 2013 within a period of four months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(A.E) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate-Court No.II, Madurai.

2.The Inspector of Police, Sellur Crime Police Station, Madurai.

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

+1cc to Mr.R.VENKATESAN Advocate in SR. NO.71096 PMU JS/KP/SAR.1/22.08.2017/2P-5C CRL OP(MD)No.10410 of 2017 08.08.2017 https://hcservices.ecourts.gov.in/hcservices/