Madras High CourtCRL OP(MD)/8436/2023dismissed as infructuous

Rajesh v. The Inpsector Of Police

2023-06-05Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Rajesh 2.Kishore ... Petitioners/Accused Nos.1 & 2 Vs.

State rep. by, The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

(Crime No.61 of 2021) ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the learned Judicial Magistrate Court, Peravurani, to take on file the Charge sheet filed by the respondent police in Crime No.61 of 2021 and expedite the trial and dispose the case pending within the time frame as fixed by this Court. For Petitioner : No Appearance For Respondent : Mr.R.Suresh Kumar Government Advocate

ORDER

This petition has been filed seeking direction to the learned Judicial Magistrate Court, Peravurani, to take on file the Charge sheet 1/4

filed by the respondent police in Crime No.61 of 2021 and expedite the trial and dispose the case pending within the time frame as fixed by this Court.

2.The petitioners are the accused persons in Crime No.61 of 2021 on the file of the respondent police, registered under Sections 294(b), 353 and 506(ii) IPC. The petitioner in his affidavit has stated that the 2nd petitioner intends to get job in Abroad. The respondent police have already filed the final report before the learned Judicial Magistrate, Peravurani. But, so far it was not taken cognizance. Therefore, seeking direction to the learned Judicial Magistrate for speedy disposal, this petition is filed.

3.When the matter is taken up today for hearing, there is no representation on behalf of the petitioner. The learned Government Advocate (Crl. Side) would submit that now the investigation has been completed and final report has been presented before the concerned Court only on 03.06.2023. Hence, the matter has become infructuous. 2/4

4.In view of the submission made by the learned Government Advocate (Crl. Side), there shall be a direction to the concerned jurisdictional Court to process the final report as per the prescribed Rules. The petitioner is at liberty to challenge the above said final report, if so aggrieved, through appropriate proceedings. 5.This Criminal Original Petition is dismissed as infructuous with the above said directions and liberty.

05.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judicial Magistrate, Pervaurani.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

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

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G.ILANGOVAN ,J.

TM 05.06.2023 4/4