Madras High CourtCRL OP(MD)/15070/2018disposed of

C.Selvanayagam v. The Inspector Of Police

2018-08-27Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15070 of 2018 C.Selvanayagam : Petitioner/Defacto Complainant Vs.

State Represented by The Inspector of Police, Manamelkudi Police Station, Pudukottai District.

: Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the learned Assistant Sessions Judge, Aranthangi, Pudukottai District to expedite the proceedings pending in S.C.No.149 of 2017 and to dispose of the case within the time frame that may be specified by this Court.

For Petitioner : Mr.A.Jayaramachandran For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side]

ORDER

The Criminal Original Petition has been filed for a direction to the Court below to complete the proceedings which is pending in S.C.No.149 of 2017.

2. The learned counsel for the petitioner would submit that the First Information Report is of the year 2016 and after investigation, the respondent police have filed the final report and the case has also been committed to the learned Assistant Sessions Judge, Aranthangi, Pudukottai District and the same is pending in S.C.No.149 of 2017. However, there is no progress in the case.

3. The learned Government Advocate [criminal side] would submit that the Non-Bailable Warrant is pending against the sole accused in this case and on instructions he would further submit that the accused person has left India and has gone to foreign country. He would further submit that the respondent police, in the process of issuing a LOC against the accused person in order to secure him. https://hcservices.ecourts.gov.in/hcservices/

4. The respondent police is directed to immediately take steps to secure the accused person and on the accused person being

secured, the Court below is directed to ensure the presence of the accused person during the trial. Since the respondent police is in the process of securing the accused person, for the present this Court is not a position to give any direction to the Court below to complete the proceedings.

5. This Criminal Original Petition is disposed of with the above directions and immediately after the accused person is secured and brought before the Court below, the Court below is directed to ensure the presence of the accused and start the proceedings and complete the trial as expeditiously as possible.

6. With the above directions, the criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Assistant Sessions Judge, Aranthangi, Pudukottai District.

2. The Inspector of Police, Manamelkudi Police Station, Pudukottai District.

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

+ 1 CC TO Mr.A.JAYARAMACHANDRAN, ADVOCATE IN SR No. 80201 SJI TE/SKN/SAR-3 : 19/09/2018 : 2P/5C Crl.O.P.[MD].No.15070 of 2018 27.08.2018 https://hcservices.ecourts.gov.in/hcservices/