Somasundaram v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Somasundaram ... Petitioner Vs.

The State of Tamil Nadu, Represented by the Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

(Crime No 619 of 2017).

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the learned Judicial Magistrate No. I, Tirunelveli to dispose of the discharge petition in Crl.M.P.No.26944 of 2023 in C.C.No.2846 of 2022 pending on his file, as expeditiously as possible within the time stipulation as prescribed by this Court.

For Petitioner : Mr.R.Anand For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 1 of 4

O R D E R

This petition has been filed by the petitioner to direct the learned Judicial Magistrate No. I, Tirunelveli to dispose of the discharge petition in Crl.M.P. No. 26944 of 2023 in C.C.No.2846 of 2022 as expeditiously as possible within the stipulation time.

2. According to the petitioner, he is the defacto complainant in this case and based on his complaint, a case in Crime No.619 of 2017 was registered for the offences under Section 147, 365, 342, 294(b), 323 and 506(2) of IPC. The occurrence took place in the year 2017 and case has been taken on file in the year 2022 and till date, the case is pending without any disposal. Therefore, he has filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondent would submit that based on the complaint lodged by the petitioner, they registered a case in Crime No.619 of 2017 and thereafter, the case has been charge sheeted. Now the case is pending in C.C.No.2846 of 2022 and the accused filed a discharge petition in Crl.M.P.No.26944 of 2023 and the same is pending. Therefore, they will cooperate for speedy disposal of the case and the Trail Court has to pass Page No. 2 of 4

orders in the discharge petition.

4. This Court perused the records and on perusal of the case diary, the Crl.M.P.No.26944 of 2023 is pending from 29.11.2023 and it has been periodically adjourned without passing any orders. Therefore, considering the long pendency of the case, this Court directs the learned Judicial Magistrate No.I, Tirunelveli to dispose of the petition in Crl.M.P.No.26944 of 2023 in C.C.No.2846 of 2022 within a period of two months from the date of receipt of a copy of this order.

5. With the above said observation and direction, this Criminal Original Petition is disposed of.

08.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

1. The Judicial Magistrate Court No.I , Thirunelveli

2. The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

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

CRL. OP(MD) No.6476 of 2025 08.04.2025 Page No. 4 of 4