Madras High CourtCRL OP(MD)/17877/2016ordered

Dhivya Priyadharshini, v. The Inspector Of Police,

2017-11-10Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.17877 of 2016 Dhivya Priyadharshini .. Petitioner -VsThe Inspector of Police, Vadaseri Police Station, Vadaseri, Nagercoil, Kanyakumari District.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Judicial Magistrate, No.II, Nagercoil to dispose of C.C.No.362 of 2012 within a time frame as fixed by this Court.

For Petitioner : Mr.V.Angusamy For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

The defacto complainant in Cr.No.826 of 2010 on the file of the respondent has come forward with this petition for a direction to the learned Judicial Magistrate No.II, Nagercoil to dispose of the case in C.C.No.362 of 2012 in a time frame.

2. Mr.V.Angusamy, learned Counsel appearing for the petitioner would submit that the case is registered in the year 2010 for the offences under Sections 406, 470, 420, 294(b) and 506 (ii) I.P.C. and the case is taken on file in the year 2012 and even after commencement of the trial on 09.12.2015, there is no substantial progress in this case, which causes mental agony and hardship to the petitioner.

3. It is further submitted that in Crl.O.P.(MD)No.7606 of 2014, this Court has issued a direction for speedy disposal of the case. Despite that order, the case is still pending. He would further submit that the petitioner filed an application under Section 91 Cr.P.C. to call for records from the Bank and the same is still pending.

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4. Heard the learned Government Advocate (Crl.Side) appearing for the respondent.

5. Considering the facts and circumstances of the case, the learned Judicial Magistrate No.II, Nagercoil is directed to dispose of the case in C.C.No.362 of 2012 as expeditiously as possible preferably on or before 31.03.2017.

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

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

1. The Judicial Magistrate No.II, Nagercoil.

2.The Inspector of Police, Vadaseri Police Station, Vadaseri, Nagercoil, Kanyakumari District.

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

+1cc to Mr.V.Angusamy,Advocate Sr.No. 54409 JAM/05/10/16/PV/ 2P-5C Crl.O.P.(MD) No.17877 of 2016 21.09.2016 https://hcservices.ecourts.gov.in/hcservices/