Madras High CourtCRL OP(MD)/12249/2018disposed of

Viswanathan v. The Inspector Of Police

2018-07-19Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.OP.(MD) No.12249 of 2018 Viswanathan ... Petitioner Vs.

State rep. by The Inspector of Police, Civil Supplies Crime Investigation Department, Uthamapalayam, Theni District.

... Respondent (Cr.No.103/2015) PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Judicial Magistrate, Uthamapalayam, to expedite the trial in C.C.No.61 of 2016 within a stipulated time limit.

For Petitioner : Mr.D.Rameshkumar For Respondent : Mr.K.K.Ramakrishnan Additional Public Prosecutor ****

ORDER

The Criminal Original Petition is filed to direct the learned Judicial Magistrate, Uthamapalayam, to expedite the trial in C.C.No.61 of 2016 within a stipulated time limit.

2. Heard Mr.D.Rameshkumar, learned Counsel for the petitioner and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor, who takes notice for the respondent.

3. The learned Counsel for the petitioner would submit that a false case has been foisted against the petitioner in Crime No.103 of 2015, before the respondent Police and a final report, in this regard, has also been filed before the learned Judicial Magistrate, Uthamapalayam, in C.C.No.61 of 2016. It is the grievance of the petitioner that though final report was filed as early as in the year 2016, the case is still pending for trial and hence, the petitioner is before this Court seeking a direction to the learned Judge for early disposal of the proceedings.

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4. The learned Additional Public Prosecutor would submit that the respondent shall co-operate for early disposal of the proceedings.

5. In view of the submissions made by the learned Counsel on either side, this Court, without expressing any opinion on the merits of the matter, directs the learned Judicial Magistrate, Uthamapalaym, to dispose of C.C.No.61 of 2016, on merits and in accordance with law, within a period of eight months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Judicial Magistrate, Uthamapalayam.

2. The Inspector of Police, Civil Supplies Crime Investigation Department, Uthamapalayam, Theni District.

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

+1 CC to Mr.D.RAMESHKUMAR, Advocate in SR.No.73967 GK RJ/RP/SAR-3/31/07/2018 - 2P/5C CRL.OP.(MD) No.12249 of 2018 19.07.2018 https://hcservices.ecourts.gov.in/hcservices/