Madras High CourtCRL OP(MD)/9034/2017allowed

E.Freenson v. The Inspector Of Police

2017-07-24Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.9034 of 2017 E.Freenson

...Petitioner/Accused

-vsThe State of Tamil Nadu, represented by The Inspector of Police, Eraniel Police Station, Kanyakumari District.

(Crime No.410 of 2012) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying this Court to pass an order of direction for speedy disposal of the case pending in C.C.No.281 of 2013, on the file of the Court of Principal District Munsif-cum-Judicial Magistrate at Eraniel.

For Petitioner : Mr.J.John Jayakumar For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed praying this Court to pass an order for speedy disposal of the case pending in C.C.No.281 of 2013, on the file of the Court of Principal District Munsif-cum-Judicial Magistrate at Eraniel.

2.Heard the learned counsel for the Petitioner and the learned Government Advocate(Crl.side) appearing for the respondent and perused the materials placed before this Court. 3.Considering the facts that the above said case is pending from the year 2013, this Court finds no justifiable reason for the delay.

4.The learned Government Advocate(Crl.Side), on instructions, would submit that despite summons being issued on the witnesses, so far no witness has been examined on the side of the prosecution. https://hcservices.ecourts.gov.in/hcservices/ 5.The learned counsel for the Petitioner submitted that the Petitioner is working as Mason and he could not avail the employment

opportunities in abroad due to the pendency of this case. 6.Considering the above facts and circumstances and considering the limited scope of the prayer sought for, this Criminal Original Petition is allowed and the learned Principal District Munsif-cum-Judicial Magistrate at Eraniel is directed to expedite the trial in C.C.No.281 of 2013 on its file and dispose of the same on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Principal District Munsif-cum-Judicial Magistrate, Eraniel, Kanyakumari District.

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

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

+ 1 CC TO Mr.J.JOHN JAYAKUMAR, ADVOCATE IN SR No. 67184 VSN TE/GT/SAR-II : 01/08/2017 : 2P/5C Crl.O.P.(MD)No.9034 of 2017 24.07.2017 https://hcservices.ecourts.gov.in/hcservices/