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Madras High CourtCRL OP(MD)/3339/2024disposed of

Karunanidhi v. Dinesh Ponraj Oliver

2024-03-19Honourable Mr Justice Sathi Kumar Sukumara Kurup6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3339 of 2024 Karunanidhi

...Petitioner

vs 1.Dinesh Ponraj Oliver 2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Vallam Sub Division, Thanjavur 61. 010.

3.The Inspector of Police, Tamil University Police Station, Thanjavur 613 010.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned 1st Additional District and Sessions Court (PCR), Thanjavur to proceed the case expeditiously in Cr.M.P.No.40 of 2023 on the file of the 1st Additional District Sessions Court Judge (PCR), Thanjavur and dispose the case within a time frame fixed by this Court. For Petitioner : Mr.Henri Tiphagne 1/6

For R2 & R3 : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

O R D E R

The learned Counsel for the Petitioner submits that the Petitioner had given a complaint in Cr.M.P.No.40 of 2023 on the file of the learned 1st Additional District Sessions Judge (PCR Cases), Thanjavur. It is the contention of the learned Counsel for the Petitioner that the Petitioner is a member of the Thanjavur Society for Prevention of Cruelty to Animals (SPCA-Thanjavur). While so, the District Collector, Thanjavur had formed new Society. Therefore, the Petitioner had approached this Court seeking direction against the District Collector. In the said Petition, the learned Judge of this Court had passed orders directing the presence of the District Collector in this Court with relevant records. Aggrieved by the same, the first Respondent herein is alleged to have shouted at the Petitioner in the meeting held on 19.01.2024 causing him mental agony. Therefore, he was forced to file Cr.M.P.No.40 of 2023. It is the further contention of the learned Counsel for the Petitioner that the statement of the witnesses was recorded. Subsequently, it had been adjourned repeatedly without any 2/6

further progress. Therefore, he seeks direction against the learned 1st Additional District Sessions Judge (PCR Cases), Thanjavur. The learned Counsel for the Petitioner submits that the Petitioner is a senior citizen. He had filed Cr.M.P.No.40 of 2023 on the file of the learned I Additional District and Sessions Judge (PCR Cases), Thanjavur. 2.When the case came up for hearing on 04.03.2024, this Court had sought remarks from the learned I Additional District and Sessions Judge (PCR Cases), Thanjavur. Today (19.03.2024), the remarks had been received from the learned II Additional District and Sessions Judge, Thanjavur, who is holding full additional charge of the learned I Additional District and Sessions Judge (PCR Cases), Thanjavur. 3.The learned Judge in his letter in D.No.224/2024 dated 14.03.

2024 submitted that a petition is filed by the Petitioner herein, Karunanidhi under Section 156(3) Cr.P.C., The statement of the Petitioner, Karunanidhi had been recorded on 02.03.2023.

(PCR Cases), Thanjavur from 01.02.2023.

4.On 02.03.2023, at request of the learned Counsel for the Complainant, the case was adjourned to 13.04.2023, again to 22.05.2023 and again to 31.05.2023. On 31.05.2023, the witnesses 2 and 3 were examined. For examination of further witnesses, the case was adjourned to 23.06.2023 and subsequently, several dates it was adjourned. Finally, it was posted to 20.03.2024 for examination of further witnesses. 5.The learned II Additional District and Sessions Judge, Thanjavur, who is holding full additional charge of learned I Additional District Sessions Judge (PCR Cases), Thanjavur, is directed to complete the statement of the witnesses on the side of the complainant within the time specified manner as per the sitting arrangement by the learned II Additional District and Sessions Judge, Thanjavur, so that after completion of examination of the witnesses, the learned Judge shall pass appropriate orders.

4/6

6.With the above directions, this Criminal Original Petition is disposed of.

Internet:Yes./No 19.03.2024 Index:Yes/No mm To 1.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Vallam Sub Division, Thanjavur 61. 010.

2.The Inspector of Police, Tamil University Police Station, Thanjavur 613 010.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.3339 of 2024 19.03.2024 6/6