Madras High CourtCRL OP(MD)/7477/2017disposed of

Rajapandi, v. The Inspector Of Police,

2017-08-02Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.7477 of 2017 Rajapandi ... Petitioner/Accused No.3 -VsThe Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

(Crime No. 596 of 1998) ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Learned Additional District Munsif cum Judicial Magistrate Court, Manamadurai, Sivagangai District to expedite the trail and dispose the case in C.C.No.252 of 2000 within stipulated time fixed by this Court. For Petitioner :Ms.Balameenakshi For Respondent :Mr.K.Anbarasan Government Advocate (Crl.Side) ***

O R D E R

This Criminal Original petition is filed to direct the Learned Additional District Munsif cum Judicial Magistrate Court, Manamadurai, Sivagangai District to expedite the trail and dispose the case in C.C.No.252 of 2000.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondent.

3.This Court earlier called for report from the Learned Additional District Munsif cum Judicial Magistrate Court, Manamadurai, Sivagangai District, to explain the delay. The Additional District Munsif cum Judicial Magistrate Court, Manamadurai, Sivagangai District, in its communication dated 03.07.2017, gave explanation. It was pointed out the respondent police neither served summons nor returned the summons of unserved witnesses. Further it is stated that Non-Bailable Warrants were https://hcservices.ecourts.gov.in/hcservices/

pending against accused. It was further stated that only due to non-cooperation of the police, the delay had occurred in serving the summons to the witnesses and in securing the accused. 4.Subsequently, it appears that the case was splitted as against the absconding witnesses.

The learned Government Advocate, now on instructions, would submit that a direction can be issued for the disposal of the case and the police also will cooperate of the same. Having regard to the facts and circumstances and the report of the learned District Munsif cum Judicial Magistrate Court, Manamadurai, this Court is inclined to pass the following directions "The learned District Munsif cum Judicial Magistrate Court, Manamadurai is directed expedite the trial and dispose of the C.C. No.252 of 2000 within a period of six months from the date of receipt of a copy of this order". The respondent shall cooperate for complying with the order.

5. Accordingly, the Criminal Original petition is disposed of.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Additional District Munsif cum Judicial Magistrate Court, Manamadurai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

Cmr/gsp MAS/KK/SAR1:21.08.2017:2P-3C Crl.O.P.(MD) No.7477 of 2017 02.08.2017 https://hcservices.ecourts.gov.in/hcservices/