Madras High CourtCRL OP(MD)/1604/2017allowed

V.Sundar Raj, v. State Of Tamil Nadu, Rep By

2017-03-27Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1604 of 2017 V.Sundar Raj : Petitioner/Accused -vsState of Tamil Nadu represented by the Sub Inspector of Police, Karungal Police Station, Kanyakumari District.

(Crime No:169/09) : Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to issue necessary direction for speedy disposal of the case C.C.No.33 of 2010 pending on the file of the court of Principal District Munsif-cum-Judicial Magistrate at Eraniel.

For Petitioner : Mr.J.John Jayakumar For Respondent : Mr.K.Anbarasan

O R D E R

This petition has been filed seeking for speedy disposal of the case in C.C.No.33 of 2010 pending on the file of the court of Principal District Munsif-cum-Judicial Magistrate at Eraniel. 2.The learned counsel appearing for the petitioner would submit that the petitioner is a senior citizen and he is suffering from various ailments and he appeared before the trial court on 09.07.2010 and facing the prosecution for a long time without any progress and that the prosecution has not examined any witness so far. Hence, he prayed for the speedy disposal of the case filed against him.

3.The learned Government Advocate (Criminal side) appearing for the respondent would submit that based on the complaint given against the petitioner, a case in Crime No.169 of 2009 stands registered and now the case is pending for trial in C.C.No.33 of 2010.

4.Heard both sides and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

5. According to the petitioner, he is the sole accused and he is running the age of 71 years. The case registered against the petitioner for the offences under Sections 294(b) and 506(ii) IPC is pending before the learned Principal District Munsif-cumJudicial Magistrate, Eraniel, in C.C.No.33 of 2010 for nearly seven years. In view of the above fact, this Court is inclined to issue a direction to the trial Court for speedy disposal of the case in C.C.No.33 of 2010.

6. In the result, this Criminal Original Petition is allowed and the learned Principal District Munsif-cum-Judicial Magistrate, Eraniel, is directed to post the case in C.C.No.33 of 2010 on day-to-day basis and to dispose of the same, within a period of four weeks from the date of receipt of a copy of this order and report the same to the Registry without fail. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The Principal District Munsif cum Judicial Magistrate, Eraniel.

2.The Sub Inspector of Police, Karungal Police Station, Kanyakumari District.

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

Crl.O.P.(MD) No.1604 of 2017 27.03.2017 JM/MR/SAR 2/17.04.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/