Madras High CourtCRL OP(MD)/9385/2018disposed of

Christy Bai v. The Inspector Of Police

2018-06-11Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.9385 of 2018 Christy Bai .. Petitioner/Accused No.1 Vs.

The Inspector of Police, Asaripallam Police Station, Kanyamumari District.

.. Respondent/Complainant Petition filed under Section 482 of the Criminal Procedure Code, to direct the Judicial Magistrate No.I, Nagercoil to dispose the case in C.C.No. 252 of 2011 with in a stipulated time. For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking a direction to the Judicial Magistrate No.I, Nagercoil to dispose of the case in C.C.No. 252 of 2011 with in a stipulated time. 2.The learned counsel appearing for the petitioner submitted that a case in Crime No.105 of 2010 has been filed against the petitioner for the offence punishable under Sections 447, 434, 427 and 506(ii) IPC. After completion of investigation, final report has been filed on the file of the Judicial Magistrate No.I, Nagercoil and the same has been taken on file in C.C.No.252 of 2011. It is further submitted that trial has been commenced on 31.01.2017 and PW1 was cross examined from the said date onwards and examination of other witnesses is in progress. The learned counsel further submitted that the occurrence has taken place on 11.04.2010 and final report was filed on 30.09.2010 and the case is pending for more than eight years without getting disposal. Hence, the petitioner has filed the present petition before this Court seeking the aforesaid relief.

3.The learned Government Advocate (Crl.Side) would submit that examination of witnesses is in progress. https://hcservices.ecourts.gov.in/hcservices/ 4.In view of the submissions made by both parties, this

Court without expressing any opinion on the merits of the matter, directs the Judicial Magistrate No.I, Nagercoil to dispose of C.C.No.252 of 2011 on merits an in accordance with law as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. 5.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Nagercoil.

2. The Inspector of Police, Asaripallam Police Station, Kanyamumari District.

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

+ 1 CC TO Mr.S.C.HEROLD SINGH, ADVOCATE IN SR No. 67665 MJ TE/JC/SAR-4 : 20/06/2018 : 2P/5C CRL.O.P.(MD) No.9385 of 2018 11.06.2018 https://hcservices.ecourts.gov.in/hcservices/