Madras High CourtCRL OP(MD)/12708/2017allowed

Senthil Kumar v. The Inspector Of Police

2017-10-05Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD)No.12708 of 2017 Senthil Kumar ... Petitioner/Accused No.2 Vs.

State represented by, The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

(In Crime No.396 of 2006) ... Respondent/Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Fast Track Mahila Court Judge,, Sivagangai, to proceed the case expeditiously in S.C.No.81 of 2007 on the file of theFast Track Mahila Court, Sivagangai and to dispose the case within a time frame fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondent : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor.

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O R D E R

This Criminal Original petition is filed for issuing a direction to the Fast Track Mahila Court, Sivagangai, to complete the trial and to dispose of the criminal proceedings in S.C.No.81 of 2007 expeditiously within the time frame fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondent.

3. It is stated that the petitioner is the second accused in the criminal case which was registered in Crime No.396 of 2006 for the offences under Section 21(1) of Mines and Minerals Development and Regularization Act, 1957 r/w 36(A) of Tamil Nadu Mines and Minerals Concession Rules, 1959 r/w Section 3 of T.N.P.P.D.L. Act 1992. It is further submitted that final report was filed on https://hcservices.ecourts.gov.in/hcservices/

20.12.2006 and that the case was committed to the file of the learned Subordinate Judge, Sivagangai, in S.C.No.81 of 2007. It is also submitted that all the prosecution witnesses were examined by the learned Subordinate Judge, Sivagangai, and the case was transferred in March 2017 from Subordinate Court, Sivagangai to the Sessions Court, Sivagangai. It is in these circumstances, the petitioner has preferred the above Criminal Original petition.

4. Having regard to the facts and circumstances of the case and that the matter was only posted for arguments on several occasion for more than seven months, this Court is inclined to allow this Criminal Original petition. The Fast Track Mahila Court, Sivagangai, is directed to dispose of the criminal proceedings in S.C.No.81 of 2007 within a period of the two months from the date of receipt of a copy of this order.

5. The Criminal Original petition is allowed, accordingly. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Subordinate Judge,Sivagangai District.

2.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

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

+1cc to M/S.R.KARUNANIDHI, Advocate SR.No.81698 pmu MAS/SV-MMS/SAR3:12.10.2017:2P-5C CRL.OP.(MD)No.12708 of 2017 05.10.2017 https://hcservices.ecourts.gov.in/hcservices/