Madras High CourtCRL OP(MD)/16008/2017disposed of

Chenthil @ Siva Chenthil Rajan v. The Inspector Of Police

2017-11-30Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.16008 of 2017 Chenthil @ Siva Chenthil Rajan ... Petitioner -VsState Represented by The Inspector of Police, Eraniel Police Station, Kanyakumari District.

(Crime No.579 of 2005) ... Respondent Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Learned Judicial Magistrate, Eraniel to expedite the trial in C.C.No.10 of 2006 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.B.Brijesh Kishore For Respondent : 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, Eraniel, to expedite the trial in C.C.No.10 of 2006 within a stipulated time that may be fixed by this Court.

2.The learned counsel for the petitioner states that the complaint lodged by the de-facto complainant one Lenin son of Thangappan was registered in Crime No.579 of 2005 for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 325 & 506(ii) of IPC r/w. 149 of IPC.

3.It is stated that the case was registered in 2005 and the charge sheet was laid in 2006, however, there is no further progress and that the same is pending for long time before the Judicial Magistrate, Eraniel. It is further submitted that direction to the trial Court for early disposal of the criminal case would be in the interest of justice.

4.Considering the fact that the proceedings before the lower Court is pending for more than 10 years and that it is being consistently adjourned without much progress, this Court is inclined to issue the following direction:

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"The learned judicial Magistrate, Eraniel, is directed to expedite the trial and dispose of the case in C.C.No.10 of 2006 within a period of four months from the date of receipt of a copy of this order."

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

1.The Judicial Magistrate, Eraniel, Kanyakumari District.

2.The Inspector of Police, Eraniel Police Station, Kanyakumari District.

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

+1cc to M/S.B.Brijesh Kishore, Advocate SR.No. 90794 Crl.O.P.(MD) No.16008 of 2017 30.11.2017 VSG JM/JC/SAR 3/21.12.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/