Madras High CourtCRL OP(MD)/8843/2017disposed of

Abilash v. The Inspector Of Police

2017-07-13Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8843 of 2017 Abilash ... Petitioner/Accused No.2 -VsState through the Inspector of Police, Eranial Police Station, Kanyakumari District.

(In Crime No.736 of 2011) ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned District Munsif cum Judicial Magistrate, Eraniel, to dispose of the case in C.C.No.141 of 2012 expeditiously within the time stipulated by this Court. For Petitioner :

Mr.S.J.Chakaravarthy For Respondent :

Mr.K.Anbarasan, Government Advocate(Crl.side).

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O R D E R

This Criminal Original petition is filed for a direction to the learned District Munsif cum Judicial Magistrate, Eraniel, to dispose of the case in C.C.No.141 of 2012 expeditiously within the time stipulated by this Court.

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

3. The learned counsel for the petitioner submitted that the criminal case in C.C.No.141 of 2012 is pending for a long time and that there was no progress.

4. The learned Government Advocate(Criminal side) on instructions submitted that the case is adjourned to 15.12.2017 for examination of L.W.1 to L.W.3.

5. This Court does not find any reasonable cause for the long adjournment. There is no explanation for this inordinate delay in completing the criminal case. Even the matter is posted for https://hcservices.ecourts.gov.in/hcservices/

examination of witnesses, on 15.12.2017. The long adjournment must be at the request of the prosecution. Hence, this Court is inclined to give a direction to the learned District Munsif cum Judicial Magistrate, Eraniel, to advance the hearing and dispose of the criminal case in C.C.No.141 of 2012, within a period of six months from the date of receipt of a copy of this order. The respondent is also directed to co-operate for the early disposal of the above criminal case.

6. Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar (Crl.Side) /True copy/ Sub Assistant Registrar To

1. The District Munsif cum Judicial Magistrate, Eraniel.

2. -do- Thro' The Chief Judicial Magistrate, Kanyakumari.

3. The Inspector of Police, Eranial Police Station, Kanyakumari District.

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

+1 CC to M/s.S.J.CHAKKARAVARTHY, Advocate, SR No. 65093. PMU PSM/SV/SAR1/20.07.2017/2P/6C Crl.O.P.(MD) No.8843 of 2017 13.07.2017 https://hcservices.ecourts.gov.in/hcservices/