Suresh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2024 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI Suresh ... Petitioner Vs The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.
(In Crime No.186 of 2023).
...Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction to the Learned Judicial Magistrate, Valliyoor to expedite the committal proceeding of P.R.C.No. 2 of 2024, within a time that may be stipulated by this Court. For Petitioner : Mr.Angusamy.V, For Respondents : Mr. E.Antony Sahaya Prabahar Additional Public Prosecutor.
O R D E R
The petitioner, who is the defacto complainant in Crime No. 186 of 2023, has approached this Court that the committal proceedings is pending for want of the fourth accused.
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2.Mr. E.Antony Sahaya Prabahar, learned Additional Public Prosecutor appearing for the respondents submits that the fourth accused has absconded and therefore, a Non Bailable Warrant of arrest has been issued as against him, by the learned Judicial Magistrate on 09.01.2024 and the same is pending.
3.In a criminal case, in the event, if the committal proceedings is getting delayed for want of the accused, it is the responsibility of the respondent police to secure the accused. In case, if the accused could not be secured, necessary application has to be filed for declaring him as a proclaimed offender and take appropriate action, which is available under the provisions of Criminal Procedure Code and ensure that this case is committed to the Court of Sessions, within a period of three months from the date of receipt of a copy of this order. 4.With the above directions, this Criminal Original Petition is disposed of.
02.07.2024 NCC : Yes/No Index : Yes/No vrn 2/4
To 1.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI,J vrn Order made in 02.07.2024 4/4