Madras High CourtCRL OP(MD)/10206/2022disposed of

S.Nagaraj v. The Deputy Superintendent Of Police

2022-06-10Honourable Mr Justice K.Murali Shankar2 pages

Crl.O.P.(MD)Nos.10206 and 10208 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)Nos.10206 and 10208 of 2022 S.Nagaraj ... Petitioner/A3 in Crl.O.P.(MD)No.10206 of 2022 & Petitioner/A2 in Crl.O.P.(MD)No. 10208 of 2022 vs.

The State Rep. by The Deputy Superintendent of Police, Vigilance and Anti Corruption, Tuticorin.

(Crime Nos.1 of 2012 and 4 of 2013) ... Respondent/Respondent in both petitions COMMON PRAYER : These Criminal Original Petitions have been filed under Section 482 of Cr.P.C., to direct the learned Chief Judicial Magistrate cum Special Judge, Tuticorin to dispose of the case in Cr.M.P.Nos.2084 of 2016 and 2 of 2018 in S.C.Nos.5 of 2016 and 4 of 2017 within a stipulated period.

In both petitions:- For Petitioner : Mr.S.S.Siva Thilakar For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor COMMON ORDER These Criminal Original Petitions have been filed seeking orders to direct the learned Chief Judicial Magistrate cum Special Judge, Tuticorin to dispose of the petitions in Cr.M.P.Nos.2084 of 2016 and 2 of 2018 in S.C.Nos.5 of 2016 and 4 of 2017 pending on the file of the learned Chief Judicial Magistrate cum Special Judge, Tuticorin, filed under Section 239 of Cr.P.C. for discharge. 2.The learned counsel for the petitioner would submit that the petitioner has filed the above applications seeking discharge under Section 239 of Cr.P.C and the same are pending for the past more than three years and that therefore, the petitioner is constrained to file the present petitions for earlier disposal of the above applications.

3.It is evident from the records that in S.C.No.5 of 2016, the petitioner has filed a discharge petition in the year 2016 and the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)Nos.10206 and 10208 of 2022 respondent has filed a counter statement as early as on 11.09.2017, that the petitioner's side was heard on 23.10.2019 and thereafter, the petition is pending for respondent side enquiry till now. In S.C.No.4 of 2017, the petitioner has filed a discharge petition in the year 2018 and the petitioner's side was heard on 18.09.2019 and thereafter, the petition is pending for respondent side enquiry till now.

4.In view of the above circumstances and also the limited prayer sought for by the petitioner, the learned Chief Judicial Magistrate cum Special Judge, Tuticorin, is directed to conduct enquiry and dispose of the discharge petitions within a period of six weeks from the date of receipt of a copy of this order. 5.With the above directions, these Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // /06/2022 Sub Assistant Registrar(CS) sji To 1.The Chief Judicial Magistrate cum Special Judge, Tuticorin.

2.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Tuticorin.

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

+1 CC to M/s.S.SIVA THILAKAR, Advocate ( SR-25325[F] dated 13/06/2022 ) Crl.O.P.(MD)Nos.10206 and 10208 of 2022 10.06.2022 sb(CO) GC(24.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2