Madras High CourtCRL OP(MD)/9684/2017disposed of

Arodin Joshi v. The Inspector Of Police

2017-07-26Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.9684 of 2017 Arodin Joshi : Petitioner/Accused No.1 Vs.

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

(Crime No.239 of 2015) :Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate, Eranial, to consider and dispose of the petition filed under Section 252 of Criminal Procedure Code, by the petitioner in C.C.No.132 of 2017.

For Petitioner : Mr.P.Banuprasath For Respondent : Mr.K.Anbarasan (Crl.Side) Government Advocate.

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O R D E R

This Criminal Original petition is filed seeking a direction to the learned Judicial Magistrate, Eranial, to consider and dispose of the petition filed under Section 252 of Criminal Procedure Code by the petitioner in C.C.No.132 of 2017.

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

3. A case was registered against the petitioner for the offence under Sections 294(b), 324 and 506(ii) of I.P.C., and it was taken on file in C.C.No.132 of 2016 before the learned Judicial Magistrate, Eranial. The petitioner appears to have filed a petition under Section 252 of Cr.P.C., in C.C.No.132 of 2016. Since that petition is not taken up for disposal, the petitioner has filed the above Criminal Original petition for issuing a https://hcservices.ecourts.gov.in/hcservices/

direction to the concerned Judicial Magistrate to pass orders on his petition filed under Section 252 of Cr.P.C.

4. Having regard to the limited scope of the prayer and the fact that the petitioner himself has filed the petition admitting the offence, this Court is inclined to pass the following direction:- " The learned Judicial Magistrate, Eranial, is directed to consider and dispose of the petition filed by the petitioner under Section 252 of Cr.P.C., in C.C.No.132 of 2016 within a period of four weeks from the date of receipt of a copy of this order."

5. Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Eranial, Kanyakumari District.

2.The Chief Judicial Magistrate, Kanyakumari at Nagercoil.

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 Mr.P.Banu Prasath , Advocate in SR.No. 67915 pmu AE/KK/SAR3/09.08.2017/2P/6C CRL OP(MD)No.9684 of 2017 26.07.2017 https://hcservices.ecourts.gov.in/hcservices/