Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Sivakumar ... Petitioner Vs.

The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

In Crime No.37 of 2017 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to expedite the disposal of the case pending before the Judicial Magistrate, Singampunari, Sivagangai District in C.C.No.248 of 2019 within the time stipulated by this Court. For Petitioner : Mr.A.Vadivel For Respondent : Mr.SS.Madhava, Government Advocate(Crl.side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to expedite the disposal of the case pending 1/4

before the Judicial Magistrate, Singampunari, Sivagangai District in C.C.No.248 of 2019 within the time stipulated by this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.side) appearing for the respondent. 3.It is evident from the records that on the basis of the complaint lodged by the defacto complainant, FIR came to be registered in Crime No.37 of 2017 and that the respondent, after completing the investigation, has laid the final report before the learned Judicial Magistrate, Singampunari, Sivagangai District and the same was taken on file in C.C.No.248 of 2019.

4.The main contention of the petitioner is that FIR was registered in the year 2017. But the fact remains that, the charge sheet has been filed in the year 2019. The High Court has already issued Circulars to the District Judiciary directing the Courts to give priority for the cases relating to the Senior Citizens, HIV affected persons, Defence personnel, women and children etc., The petitioner without approaching the trial Court has directly approached this Court. In the absence of total pending 2/4

particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within the specified period of time.

5.However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The petitioner is at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is directed to consider the same, in the light of the circulars issued by this Court. 6.With the above observation and direction, this Criminal Original Petition stands disposed of.

02.03.2023 Index :

Yes / No Internet :

Yes / No gns To 1.The Judicial Magistrate, Singampunari, Sivagangai District. 2.The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

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

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K.MURALI SHANKAR,J.

gns 02.03.2023 4/4