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Madras High CourtCRL OP(MD)/8092/2020disposed of

V.O.Chidambaranar Port Trust v. Advan Fort Company Inc

2021-07-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.8092 of 2020 V.O.Chidambaranar Port Trust, (Formerly known us Tuticorin Port Trust), Through its Authorized representatives Caption Pravin Kumar Singh, S/o.Rama Shankar Singh, Deputy Conservator, Marine Department, General Administrative Building, Harbour Estate, Tuticorin District-628 004.

... Petitioner vs.

1.Advan Fort Company INC, Through its General Direction, Samir Frajallah, 1875, Eye Street, M.W., 5th Floor, Washington DC, 2006 USA.

2.Mr.Mohammed Frajallah, Director Operation, Advan Fort Company INC, 1875, Eye Street, M.W., 5th Floor, Washington DC 2006 USA.

3.Future Tower India LLC, Having Office at A1 Maktabi Building, Wattaya, 3rd Floor, Suite Nos.300-301, Sultanate of Oman and Postal Address at P.O.Box.91, Postal Code-130, A1-Athayabah, Sultanate of Oman.

4.State Rep by The Inspector of Police, Tharuvaikulam Marine Police Station, Tuticorin.

Crime No.18 of 2013.

5.The Inspector of Police, Q Branch, C.I.D Police, Thoothukudi District, S.P. Office Campus, Thoothukudi.

... Respondents 1/3

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue a direction directing the learned Judicial Magistrate No.I, Thoothukudi District to dispose of the petition filed by the petitioner within the time stipulated by this Court.

For Petitioners : Mr.T.Lajapathi Roy For R4 & R5 : Mr.R.M.Anbunithi, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.I, Thoothukudi District to dispose of the petition, filed by the petitioner, within the time stipulated by this Court.

2. By the order dated 21.04.2021, a direction was issued to the petitioner to represent the petition before the learned Judicial Magistrate - I, Thoothukudi District.

3. The learned counsel for the petitioner would submit that based upon a direction, petition has been represented before the concerned Court and the same was taken on file in Crl.MPNo.777 of 2021 on 09.07.2021 and it was posted to 03.08.2021.

4. Now, the grievance of the petitioner is that because of the pendency of the petition, huge loss was suffered by the petitioner and on that ground, he seeks limited prayer to direct the learned Judicial Magistrate-I, Tuticorin to dispose of the petition within a time stipulated by this Court.

5. Considering the facts and circumstances as well as the oldness of the matter, there shall be a direction to the learned Judicial Magistrate to dispose of the petition within two months from the date of receipt of a copy of this order. Thereafter, compliance report should be submitted to the Registry.

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

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

dss 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, Thoothukudi District.

2.The Inspector of Police, Tharuvaikulam Marine Police Station, Tuticorin.

3.The Inspector of Police, Q Branch, C.I.D Police, Thoothukudi District, S.P. Office Campus, Thoothukudi.

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

Copy to The Registrar Judicial, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-24863[F] dated 02/08/2021 ) Crl.OP(MD)No.8092 of 2020 29.07.2021 LS(CO) KB(17.08.2021) 3P 7C 3/3