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Madras High CourtCRL OP(MD)/6625/2018disposed of

Bala v. The Inspector Of Police

2018-04-25Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR Crl.O.P.(MD).No.6625 of 2018 Bala : Petitioner/A - 13 Vs.

The Inspector of Police, Kottar Police Station, Kanyakumari District.

Crime No. 1315 of 2012 : Respondent/Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District to commit the PRC.No.13 of 2016 to the learned Principal District and Sessions Court, Kanyakumari to expedite the trial within the time stipulated by this Court. For Petitioner : Mr.R.Mariyappan For respondent : Mr.K.K.Ramakrishan Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed for issuing a direction to the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District to commit the PRC.No.13 of 2016, to the Principal District and Sessions Court, Kanyakumari to expedite the trial within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner submitted that based on the complaint given by the defacto complainant a case has been registered against the petitioner / A13 and other accused in Crime No.1315 of 2012 for the offences under Sections 120(b), 147, 148, 341, 307 and 302 IPC. After completing investigation, charge sheet has been filed before the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District and the same was taken on file in PRC.No. 13 of 2016, but, so far the case was not committed to the appropriate Court. Since the petitioner is a coolie worker and the said case is pending in PRC stage from 2016, the petitioner has forward with the present Criminal Original Petition.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that he has no objection to commit the case to the Sessions Court. However, the learned counsel appearing for the petitioner restricted his prayer to commit the PRC.No. 13 of 2016 to the Principal District and Sessions Court, Kanyakumari, within the time stipulated by this Court.

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4. In view of the said submission made by the learned counsel appearing on either side, this Criminal Original Petition is disposed of with a direction to the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District to commit the PRC.No.13 of 2016, to the Principal District and Sessions Court, Kanyakumari, as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Kottar Police Station, Kanyakumari District.

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

+1cc to M/S.R.Mariyappan, Advocate SR.No. 63413 Crl.O.P.(MD).No.6625 of 2018 25.04.2018 trp JM/SV MMS/SAR 2/31.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/