Madras High CourtCRL OP(MD)/6176/2021disposed of

A.Desika Sankar v. The Inspector Of Police

2021-04-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6176 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6176 of 2021 A.Desika Sankar (Incorrectly mentioned in the FIR as Thesiga Sankar)

...Petitioner/

Defacto Complainant Vs.

State Rep by the Inspector of Police, Kanyakumari Police Station, Kanyakumari.

(Crime No.156 of 2016)

...Respondent/Complainant

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate-I, Nagercoil, Kanyakumari District to expedite and conclude the trial in C.C.No.36 of 2018 pending before the learned Judicial Magistrate-I, Nagercoil, Kanyakumari District in Crime No.156 of 2016 dated 29.03.2016 on the file of the respondent within a period of three months. For Petitioner :Mr.J.Pandi Dorai For Respondent :Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This criminal original petition has been filed seeking a direction to the learned Judicial Magistrate-I, Nagercoil, Kanyakumari District, to expedite and conclude the trial in C.C.No.36 of 2018 pending before the learned Judicial Magistrate-I, Nagercoil, Kanyakumari District, in Crime No.156 of 2016 dated 29.03.2016 on the file of the respondent.

2.The petitioner is the complainant before the trial Court in C.C.No.36 of 2018 and the case has been registered under Sections 294(b), 323, 324 and 506(ii) of I.P.C in Crime No156 of 2016. The crime is of the year 2016. The grievance of the petitioner is that even after lapse of five years, the trial is not completed and the matter is not disposed of by the trial Court and the accused is dragging on the matter endlessly.

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Crl.O.P.(MD)No.6176 of 2021 3.Considering the limited request made by the learned counsel for the petitioner, there shall be a direction to the learned Judicial Magistrate-I, Nagercoil, Kanyakumari District, to expedite the trial in C.C.No.36 of 2018 and dispose of the matter on merits, within a period of six months from the date of receipt of a copy of this order and send a compliance report to the Registry. 4.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 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-I, Nagercoil, Kanyakumari District.

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

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

Copy To:

The Registrar Judicial, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD]No.6176 of 2021 30.04.2021 RP (27.05.2021) P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2