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Madras High CourtCRL OP(MD)/6728/2023disposed of

Iruthayasamy v. The Inspector Of Police

2023-04-12Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Iruthayasamy

...Petitioner

Vs.

1.The State rep. by The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

2.S.Mahadevan .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the learned Judicial Magistrate, Rajapalayam to expedite the pending trial in C.C.No.216 of 2018 and pass final orders within the time stipulated by this Court.

For Petitioner : Mr.P.M. Vishnuvarthanan For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed for issuing a direction to the learned Judicial Magistrate, Rajapalayam to expedite the pending trial in C.C.No.216 of 2018 and pass final orders within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner submitted that this Court by order, dated 18.02.2020 in Crl.O.P(MD).No. 2809 of 2020 directed the Judicial Magistrate, Rajapalayam to complete the investigation within a period of six months from the date of receipt of a copy of that order. Even after the lapse of two years, the above said process is not completed and the case is posted for cross examination of Investigating Officer.

3. The learned Additional Public Prosecutor appearing for the respondent police would submit that the above said Investigating Officer will present before the concerned Court on 26.04.2023.

4. Let the Investigating Officer be appeared before the 2/4

concerned Court on that day without fail. If he fails to appear, the trial Court is directed to close prosecution witness suo motu and proceed in accordance with law since the petitioner is going to be retire from service by this month.

5. The Criminal Original Petition is disposed of accordingly. 12.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp To

1. The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

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

3/4

G.ILANGOVAN,J trp Order made in Dated :12.04.2023 4/4