Madras High CourtCRL OP(MD)/9086/2016disposed of

B.R.K.Adityan v. The Sub Inspector Of Police

2016-06-15Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.9086 of 2016 B.R.K.Adityan .. Petitioner Vs.

State rep. by the Sub Inspector of Police, Tiruchendur Police Station, Tuticorin District.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to expedite the disposal of the petition filed under Section 239 Cr.P.C. In Cr.M.P.No.12552 of 2015 in C.C.No.316 of 2015 pending on the file of the learned Judicial Magistrate, Tiruchendur within a stipulated time.

For Petitioner : Mr.S.Karthick Subramanian For respondent : Mr.A.P.Balasubramani, Government Advocate(Criminal side)

ORDER

It is an application seeking a direction to the learned Judicial Magistrate to expedite the disposal of the application for discharge filed by the petitioner in C.C.No.316 of 2015. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.An application for discharge is pending from 27.11.2015 till date without even the counter being filed. Under such circumstances, the petitioner/accused sought for a direction to the learned Judicial Magistrate for speedy disposal.

4. It is contended by the learned counsel for the petitioner that the charge sheet filed in C.C.No.316 of 2015 is against the law and the statement of witnesses did not make out an offence under Section 468 IPC.

5. The right to have the speedy disposal is a fundamental right of the accused and the same has been upheld by the Hon'ble Supreme Court in Kartar Singh Vs. State of Punjab, reported in 1994 (3) SCC 569. Under such circumstances, the learned Judicial Magistrate, Tiruchendur, is directed to dispose of Cr.M.P.No.12552 of 2015 in https://hcservices.ecourts.gov.in/hcservices/

C.C.No.316 of 2015 within a period of one month from the date of receipt of a copy of this order.

6.This Criminal Original Petition is accordingly disposed of. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Tiruchendur.

2. The Sub Inspector of Police, Tiruchendur Police Station, Tuticorin District.

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

+ 1 CC TO MR.S.KARTHICK SUBRAMANIAN, ADVOCATE IN SR No. 30474 GCG TE/PEK/ : 30/06/2016 : 2P/5C Crl.O.P(MD)No.9086 of 2016 15.06.2016 https://hcservices.ecourts.gov.in/hcservices/