Madras High CourtCRL OP(MD)/13875/2017allowed

B.Anbalagan v. The Inspector Of Police

2017-10-13Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD)No.13875 of 2017 B.Anbalagan ... Petitioner/Defacto Complainant Vs.

The State rep. by, The Inspector of Police, Central Crime Branch, Madurai.

(In Crime No.30 of 2014) ... Respondent/Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate No.I, Madurai, in C.C.No.5 of 2015 within a time frame as fixed by this Court.

For Petitioner : Mr.S.Thirupathy For Respondent : Mr.K.S.Duraipandiyan, Additional Public Prosecutor.

O R D E R

This Criminal Original petition is filed for issuing a direction to the learned Judicial Magistrate No.I, Madurai, to complete the trial and to dispose of the case in C.C.No.5 of 2015 within a time stipulated by this Court.

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

3. The petitioner states that he lodged a complaint on 22.01.2014 which was registered in Crime No.30 of 2014 for the offences under Sections 120(b), 406 and 420 of I.P.C. It is submitted that after filing of Charge Sheet, the case was taken on file in C.C.No.5 of 2015 on the file of the learned Judicial Magistrate No.I, Madurai. Though more than three years have lapsed, the learned counsel for the petitioner states that there was no progress and the disposal of the proceedings before the lower Court is unnecessarily dragged on.

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4. From 'B' Diary extract, it is seen that the accused are not

co-operating for the trial.

5. Having regard to the facts and circumstances of the case, this Court is inclined to allow this petition. The learned Judicial Magistrate No.I, Madurai, is directed to complete the trial and to dispose of the case in C.C.No.5 of 2015 as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order.

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

1. The Judicial Magistrate No.I, Madurai.

2. The Inspector of Police, Central Crime Branch, Madurai.

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

+ 1 CC TO MR.S.Thirupathy, ADVOCATE IN SR No.82759 pmu MK/MR KKR/SAR-4/01.11.2017/2P/5C CRL.OP.(MD)No.13875 of 2017 13.10.2017 https://hcservices.ecourts.gov.in/hcservices/