Madras High CourtCRL OP(MD)/13538/2016disposed of

P.Kalimuthu v. The Inspector Of Police

2016-08-22Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD)No.13538 of 2016 P.Kalimuthu .. Petitioner Vs.

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

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned Judicial Magistrate No.I, Madurai to dispose the calender case in CC.No.94 of 2015 pending on the file of the Learned J.M.No.I, Madurai within a time period may be fixed by this Court.

For Petitioner : Mr.R.Pandi Maharaja For Respondent : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the Judicial Magistrate No.I, Madurai to dispose of C.C.No.94 of 2015 within a time frame to be fixed by this Court.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.A case has been registered against the accused persons in Crime No.35 of 2012 under Sections 120(b), 406, 420 and 506(i) IPC. After completion of investigation, the case has been taken on file in C.C.No.94 of 2015, which is stated to be pending on the file of the Judicial Magistrate, No.I, Madurai.

4.The learned counsel appearing for the petitioner would submit that even though the case has been taken on file in the year 2015, neither the petitioner/defacto complainant nor any other witnesses have been examined by the Magistrate concerned and therefore, the delay in initiating trial proceedings would affect https://hcservices.ecourts.gov.in/hcservices/

the case of the prosecution. Hence the petitioner is before this Court with the aforesaid prayer.

5.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that as Non Bailable Warrant was pending against some of the accused persons, the trial Court was not able to proceed with the trial and as per order the order dated 02.08.2016, Non Bailable Warrant pending against the accused persons, has already been executed.

6.In view of the submission made by the learned Government Advocate (Crl.Side), six months time is granted to the Judicial Magistrate, No.I, Madurai to dispose of C.C.No.94 of 2015. 7.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, No.I, Madurai

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

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

+ 1 CC TO MR.R.PANDI MAHARAJA, ADVOCATE IN SR No. 46318 MJ TE/GSV-PM/ : 02/09/2016 : 2P/5C Crl.O.P(MD)No.13538 of 2016 22.08.2016 https://hcservices.ecourts.gov.in/hcservices/