Madras High CourtCRL OP(MD)/22227/2016disposed of

Balamurugan, v. Dasaprakash,

2016-11-24Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.22227 of 2016 and Crl.M.P.(MD).No.11515 of 2016 1.Balamurugan 2.Kannapiran 3.AMudharaj 4.Raviraj Yadav ..Petitioners/Accused Vs.

Dasaprakash ..Respondent/complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Judicial Magistrate No.II, Dindigul to dispose of C.C.No.269 of 2006 at an early date. For Petitioners : Mr.S.Natesh Raaja

ORDER

This petition is filed seeking a direction to the learned Judicial Magistrate No.II, Dindigul, to dispose of C.C.No.269 of 2006, within a time frame.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. Mr.S.Natesh Raja, learned counsel for the petitioner would submit that the petitioners are the officials in Bharath Petrolium Corporation Limited and they have been falsely implicated in a private complaint filed by the respondent in the year 2006. It is further submitted that in the year 2010, the complainant examined four witnesses, subsequently he has not produced any witness and the case is being adjourned without any progress. The learned counsel would further submit that the accused are working in different parts of India and the delay in the disposal of the case causes great mental agony to them. It is further contended that Article 21 of the Constitution of India guarantees speedy disposal of cases.

4. The learned counsel would further submit that the petitioners have been regularly appearing before the Trial Court and only on few occasions, they were not able to appear and the personal appearance of the petitioners before the Trial Court may be dispensed with.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering the above facts and submissions, the learned Judicial Magistrate No.II, Dindigul, is directed to dispose of the case in C.C.No.269 of 2006, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order, on merits and in accordance with law and the personal appearance of the petitioners before the Trial Court is dispensed with and they are directed to appear before the Trial Court, when their appearance is required.

6. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To The Judicial Magistrate No.II, Dindigul.

+1cc to M/s.S.Nateshrajan, Advocate in SR.73386 Crl.O.P(MD)No.22227 of 2016 24.11.2016 pjl PBK 27/12/2016 ::2P-3C:

https://hcservices.ecourts.gov.in/hcservices/