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Madras High CourtCRL OP(MD)/16726/2017allowed

S.Sujin v. The Sub Inspector Of Police

2017-12-06Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD) No.16726 of 2017 1.S.Sujin 2.Soosaimariyan ... Petitioners / Accused Nos.1 and 2 Vs.

The State represented by The Sub Inspector of Police, Karungal Police Station, Kanyakumari District.

... Respondent / Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Principal District Munsif cum Judicial Magistrate, Eraniel to expedite the trial and dispose of the case in C.C.No.224 of 2008 within the period that may be stipulated by this Court.

For Petitioners : Mr.V.H.S.Prathap For Respondent : Mr.K.S.Duraipandian Additional Public Prosecutor ***

ORDER

The Criminal Original Petition is filed to direct the learned Principal District Munsif cum Judicial Magistrate, Eraniel to expedite the trial and dispose of the case in C.C.No.224 of 2008 within the period that may be stipulated by this Court. 2.Heard the learned Counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor who takes notice for the respondent.

3.The petitioners are Accused Nos.1 and 2 in the criminal proceedings in C.C.No.224 of 2008 on the file of the learned Principal District Munsif cum Judicial Magistrate, Eraniel. It is stated that the criminal case has been foisted against them, in view of the counter case filed by the petitioners as against the de-facto complainant in Cr.No.468 of 2008.

4.It is stated that the de-facto complaint in the present case lodged a complaint which was registered in Crime No.73 of 2008 for the offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC. It is further stated that the petitioners are put much hardship and inconvenience, because of the pendency of the petition and that https://hcservices.ecourts.gov.in/hcservices/

a direction by this Court for early disposal of the case in C.C.No.224 of 2008, will be in the interest of justice. 5.Considering the fact that the criminal case is pending from the year 2008 and that there is no progress, despite the fact that the petitioners have not caused any delay in this matter, this Court is inclined to issue the following directions: 5.1.The learned Principal District Munsif cum Judicial Magistrate, Eraniel is directed to expedite the trial and dispose of the case in C.C.No.224 of 2008 within the period of three months from the date of receipt of a copy of this order. 6.In view of the above directions, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(RTI) /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.

+1cc to M/s.V.H.S.PRATHAP Advocate in SR. No. 91233 CMR JS/JC/SAR.4/18.12.2017/2P-5C CRL.OP.(MD) No.16726 of 2017 06.12.2017 https://hcservices.ecourts.gov.in/hcservices/