Madras High CourtCRL OP(MD)/7946/2021disposed of

D.Victor Sebastik Baskaran v. The Sub Inspector Of Police

2021-06-17Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Dr.Victor Sebastik Baskaran, S/o.Durairaj, Through his power agent Mr.SP.Vellaichamy S/o.Subbaiah, No.3/828, Pudhu Kudiyiruppu, Iluppakudi Village, Karaikudi Taluk, Sivagangai District.

... Petitioner/ Defacto Complainant Vs.

1.The Sub Inspector of Police, Karaikudi North Police Station, Sivagangai District.

Crime No.79 of 2018 ...1st Respondent 2.S.Mohan ... 2nd Respondent/Accused Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Munsif cum Judicial Magistrate, Karaikudi to dispose the trial of the case in CC.No.171 of 2019 on the file of the Principal District Munsif cum Judicial Magistrate, Karaikudi within the period stipulated by this Court.

For Petitioner : Mr.M.Vijayarathinam For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed to direct the learned Principal District Munsif cum Judicial Magistrate, Karaikudi to dispose the trial in CC.No.171 of 2019 within the time stipulated by this Court.

2. The petitioner is the defacto complainant in the criminal case, which was registered against the second respondent herein 1/3

for the offences under Sections 419, 448, 468 and 471 of IPC in Crime No.79 of 2018 on the file of the first respondent herein.

3. Mr.M.Vijayarathinam, learned counsel for the petitioner would submit that the complaint was lodged in the year 2018 and inspite of lapse of three years, there is no progress in the Trial.

4. Mr.R.M.Anbunithi, learned Additional Public Prosecutor would submit that the preliminary proceedings are over, the case was posted for examination of witnesses on 26.07.2021. However, in the mean time, due to lockdown, there is delay in the proceedings.

5. Considering the above facts and the oldness of the case, there shall be a direction to the learned Principal District Munsif cum Judicial Magistrate, Karaikudi to dispose the CC.No.171 of 2017 on merits, within a period of five months from the date of resumption of normal work in the Sub-ordinate Courts and compliance report shall be submitted to the Registry thereafter.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi Note :

In view of the present lock down owing to COVID19 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 Principal District Munsif cum Judicial Magistrate, Karaikudi.

2/3

2.The Sub Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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.7946 of 2021 17.06.2021 KM(30.06.2021) 3P 5C 3/3