Syed Hussain, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.13522 of 2017 Syed Hussain ... Petitioner/Accused -Vs1. State represented by its The Inspector of Police, Thadikombu Police Station, Dindigul District, In Crime No.187 of 2013.

... Respondent/Respondent 2.P.Senthilkumar ... Respondent/Complainant PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate No.II, Dindigul to Expedite the Trial and dispose the case in C.C.No.7 of 2014 on its file as time frame fixed by this Court. For Petitioner : Mr.M.Subash Babu For Respondents : Mr.K.S.Durai Pandian Additional Public Prosecutor

O R D E R

This Criminal Original petition is filed for issuance of a direction to the learned Judicial Magistrate No.II, Dindigul to expedite the trial and dispose of the case in C.C.No.7 of 2014 on its file as time frame fixed by this Court.

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

3.The petitioner is the accused in crime No.187 of 2013 on the file of the respondent police for the offences under Sections 294 (b), 324, 506(ii) of I.P.C.

4.The grievances of the petitioner is that the respondent police is not co-operating and therefore, a direction will be given in the interest of justice.

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5.The learned Additional Public Prosecutor, on instructions, submitted that the main witness, namely, P.W.1, the second respondent/de-facto complainant is not co-operating and that the first respondent is not able to ensure the presence of the second respondent for examining him as P.W.1.

6.Having regard to the above stated fact, this Court is inclined to allow this petition and the learned Judicial Magistrate No.II, Dindigul is directed to expedite the trial and dispose of the case in C.C.No.7 of 2014 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order.

7. With the above observation, the Criminal Original petition is allowed. No costs.

Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Dindigul.

2. The Inspector of Police, Thadikombu Police Station, Dindigul District.

In Crime No.187 of 2013.

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

+ 1 CC TO Mr.M.SUBASH BABU, ADVOCATE IN SR No. 82140 SSS/MM TE/MR-KKR/SAR-IV : 24/10/2017 : 2P/5C CRL.O.P.(MD)No.13522 of 2017 09.10.2017 https://hcservices.ecourts.gov.in/hcservices/