Madras High CourtCRL OP(MD)/7367/2020disposed of

R.Jeyaraj v. The Inspector Of Police

2020-07-15Honourable Mr Justice R. Pongiappan2 pages

CRL OP(MD)No.7367 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.7367 of 2020 R.Jeyaraj

...Petitioner/Defacto complainant

Vs.

1.State represented By its Inspector of Police, Town West Police Station, Thanjavur District, Thanjavur.

(Crime No.378 of 2016) ...Respondent No 1/Complainant 2.Ravi Kumar 3.Manikandan ... Respondents/Accused Nos 1&2 PRAYER: Petition filed under Section 482 of Criminal Procedure Code, praying to direct the learned Judicial Magistrate No.I, Thanjavur, Thanjavur District, to dispose the case in C.C.No.11 of 2017 pending on the file of the Respondent No.1 within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.T.Lajapathi Roy For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the learned Judicial Magistrate No.I, Thanjavur, Thanjavur District, to dispose the case in C.C.No.11 of 2017 pending on the file of the first respondent within the time stipulated period.

2.Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 3.The learned counsel appearing for the petitioner would submit that based on the complaint given by the petitioner, a case has been registered in Crime No.378 of 2016 against the respondent Nos.2 and 3 for the offence under Sections 417 and 420 IPC. After the completion of investigation, charge sheet has been filed before the learned Judicial Magistrate No.I, Thanjavur, Thanjavur District, and the same is taken on file in C.C.No.11 of 2017. As of now, the said case is pending before the learned Judicial Magistrate No.I, Thanjavur, Thanjavur District, for the past three years. He would further submit that since the offence committed by the second and third respondents are grave in nature, it is necessary to dispose the said case within a short period.

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CRL OP(MD)No.7367 2020 4.All of aware, now the nation is under the threatened of COVID-19 and all the people in the World suffered a lot, due to the said pandemic. Hence in the said situation, this Court cannot direct the learned Judicial Magistrate No.I, Thanjavur, Thanjavur District, to dispose the case in C.C.No.11 of 2017, within the stipulated period.

5.However, considering the submission made by the learned counsel for the petitioner, it would necessary to give the following direction to the learned Judicial Magistrate: The learned Judicial Magistrate No.I, Thanjavur, Thanjavur District, to dispose the case in C.C.No.11 of 2017, as early as possible.

6.In view of the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Judicial Magistrate No.I, Thanjavur, Thanjavur District.

2.The Inspector of Police, Town West Police Station, Thanjavur District, Thanjavur.

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

CRL OP(MD)No.7367 of 2020 15.07.2020 KB(24.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/