Madras High CourtCRL OP(MD)/12402/2017allowed

Selvin v. The Inspector Of Police

2017-09-20Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD)No.12402 of 2017 Selvin ... Petitioner/Accused No.2 Vs.

1. The Inspector of Police, Arumuganeri Police Station, Tuticorin.

(In Crime No.259 of 2013) ... Respondent/Complainant

2. Sutharsing ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned I Additional District Judge, Tuticorin, to expedite the trial in S.C.No.10 of 2017 and to complete the same within the stipulated time fixed by this Court. For Petitioner : Mr.G.Mohankumar For R-1 : Mr.K.Anbarasan, Government Advocate(Criminal Side).

O R D E R

This Criminal Original Petition is filed for a direction to the learned I Additional District Judge, Tuticorin, to expedite the trial in S.C.No.10 of 2017 and to complete the same within the stipulated time fixed by this Court.

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

3. The petitioner states that the second respondent lodged a complaint before the first respondent in the year 2013 and that the case was registered in Crime No.259 of 2013 for the alleged offence under Section 3 of TNPPDL Act. It is further stated that after filing of Charge Sheet, the case was taken on file in P.R.C.No.25 of 2016, before the learned Judicial Magistrate, Tiruchendur and thereafter it was committed to the learned I Additional District Judge, Tuticorin and the case is now pending in S.C.No.10 of 2017. https://hcservices.ecourts.gov.in/hcservices/

Since the petitioner is the accused No.2 in the criminal case, the grievance of the petitioner is that the pendency of the criminal case causes undue hardship and that therefore, early disposal will be in the interest of justice.

4. Considering the grievance of the petitioner/accused No.2, this Court is inclined to issue the following direction:- "The learned I Additional District Judge, Tuticorin, is directed to expedite the trial and dispose of the criminal case in S.C.No.10 of 2017 within a period of five months from the date of receipt of a copy of this order."

5. The Criminal Original petition is allowed, accordingly. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The I Additional District Judge, Tuticorin.

2. The Inspector of Police, Arumuganeri Police Station, Tuticorin.

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

+ 1 CC TO Mr.G.MOHAN KUMAR, ADVOCATE IN SR No. 80080 PMU TE/MR-KKR/SAR-I : 06/10/2017 : 2P/5C CRL.OP.(MD)No.12402 of 2017 20.09.2017 https://hcservices.ecourts.gov.in/hcservices/