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Madras High CourtCRL OP(MD)/8495/2018disposed of

Suman v. The Insepctor Of Police

2018-06-11Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.8495 of 2018 Suman, S/o.Syrus Kamalam .. Petitioner Vs.

The State Rep. by The Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District.

.. Respondent Petition is filed under Section 482 of Cr.P.C., seeking a direction to the learned Principal Sub-Judge, Nagercoil, Kanyakumari District, to expedite the trial in S.C.No.17 of 2018, within a time frame to be fixed by this Court.

For Petitioner :

Mr.K.Sivabalan for Mr.S.R.Sathan Boopathy For Respondent :

Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal Sub-Judge, Nagercoil, Kanyakumari District, to expedite the trial in S.C.No.17 of 2018, within a time frame to be fixed by this Court.

2.The learned counsel for the petitioner submitted that the respondent police registered a criminal case in Crime No.160 of 2010 against the petitioner and others. Thereafter, charge sheet was filed before the learned District Munsif-cum-Judicial Magistrate, Boothapandy, Kanyakumari District and the same was taken on file in P.R.C.No.28 of 2016. This Court, by order dated 12.12.2017, in Crl.O.P.(MD)No.6223 of 2017, had directed the learned District Munsif-cum-Judicial Magistrate, Boothapandy, Kanyakumari District, to complete the committal proceedings in P.R.C.No.28 of 2016, within a period of three months from the date of receipt of a copy of that order. Thereafter, the above said case was committed and transferred to the Principal Sub-Court, Nagercoil, Kanyakumari District, in S.C.No.17 of 2018 and the same is pending. Further, according to the learned counsel for the petitioner, the petitioner https://hcservices.ecourts.gov.in/hcservices/

has possessed M.Phil., qualification and if the said case is not concluded, he could not get a job in future and his entire life is in vain. Now, the said case is posted for the appearance of the accused and therefore, a direction may be given to the learned Principal Subordinate Judge, Nagercoil, Kanyakumari District, to expedite the trial in S.C.No.17 of 2018.

3.This Court heard the submissions of the learned Government Advocate (Criminal side) on the above said submissions made by the learned counsel for the petitioner.

4.Considering the facts and circumstances of the case, without going into the merits of the case, this Court directs the learned Principal Subordinate Judge, Nagercoil, Kanyakumari District, to dispose of S.C.No.17 of 2018, in accordance with law, as expeditiously as possible, preferably within a period of eight months from the date of receipt of a copy of this order, if there is no legal impediment.

5.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar To 1.The Principal Subordinate Judge, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District.

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

+1cc to Mr.S.R.Sathan Boopathy, Advocate, SR.No.68125. Crl.O.P.(MD)No.8495 of 2018 11.06.2018 smn2 RAM/SV MMS/SAR 3/29.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/