Madras High CourtCRL OP(MD)/11480/2017allowed

Mahendran v. The Inpector Of Police

2017-08-31Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.11480 of 2017 Mahendran ... Petitioner -vsThe Inspector of Police, Kuruvikulam Police Station, Tirunelveli District.

(Crime No.01 of 2011) ... Respondent Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the Judicial Magistrate, Sankarankovil, Tirunelveli District to expedite the trial and dispose the case in C.C.No.212 of 2011 within a time frame fixed by this Court. For Petitioner : Mr.R.J.Karthick For Respondent : Mr.K.Anbarasan Government Advocate(Crl.side)

O R D E R

This Criminal Original petition has been filed to direct the Judicial Magistrate, Sankarankovil, Tirunelveli District to expedite the trial and dispose the case in C.C.No.212 of 2011 within a time frame fixed by this Court.

2.It is stated that as against the petitioner and his father, a criminal case was registered in Cr.No.01 of 2011 for the offences punishable under Section 294 (b) and 307 of I.P.C. and after the investigation, the case was altered into Sections 294(b) and 324 of I.P.C. Since a final report was also filed, it is also submitted that the case was taken on file in C.C.No.212 of 2011 on the file of Judicial Magistrate, Sankarankovil, Tirunelveli District. Stating that there was no progress in the case and that the pendency of criminal case stands in the way of petitioner to seek employment, the present petition is filed. 3.The learned counsel appearing for the petitioner himself pointed out that the petitioner filed Cr.M.P.(MD) No.145 of 2014 to discharge the petitioner from the criminal case. From the 'B' diary, it can also be seen that the case was prolonged only https://hcservices.ecourts.gov.in/hcservices/

because of the pendency of Cr.M.P.(MD) No145 of 2014 filed by the petitioner. Therefore, in the interest of justice, this Court pass the following direction:

"The learned Judicial Magistrate, Sankarankovil, Tirunelveli District, is directed to dispose of the Cr.M.P.(MD) No.145 of 2014 within a period of one month from the date of receipt of a copy of this order. Thereafter, the trial should be completed and the proceedings in C.C.No.212 of 2011 should be finally disposed of within a period of three months from the date of disposal of Cr.M.P.(MD) No.145 of 2014."

4.With the above directions, this Criminal Original Petition is allowed. No Costs.

Sd/- Assistant Registrar (Crl Side) /True copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Sankarankovil, Tirunelveli District.

2. -Do- Thro' Chief Judicial Magistrate, Tirunelveli District.

3. The Inspector of Police, Kuruvikulam Police Station, Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai + 1 CC TO MR.R.J.Karthick, ADVOCATE IN SR No.75706 Cmr/mm MK/MR KKR/SAR-2/2P/6C/22.09.2017 Crl.O.P.(MD) No.11480 of 2017 31.08.2017 https://hcservices.ecourts.gov.in/hcservices/