Sp.Ramasamy v. R.Santhanam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI SP.Ramasamy ... Petitioner Vs.

1.R.Santhanam 2.Manimegalai 3.Joyhiramalingam 4,Periyasamy 5.The Inspector of Police, Land Grabbing Division, District Crime Branch, Madurai.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate No.1, Madurai to dispose the entire trial proceedings in Cr.M.P.No.4403 of 2023 within stipulated time fixed by this Court. 1/4

For Petitioner : Mr.RM.Arun Swaminathan For R5 : Mr.P.Kottaichamy, Government Advocate(Crl.side)

ORDER

The petitioner has approached this Court seeking a direction to the learned Judicial Magistrate No.1, Madurai to dispose the entire trial proceedings in Cr.M.P.No.4403 of 2023 within a time frame. 2.The learned Government Advocate(Crl.side) appearing for the official respondents submits that the petitioner's complaint was enquired and it was closed as mistake of fact in the year 2013 itself. Thereafter, the petitioner has filed a private complaint before the learned Judicial Magistrate No.I, Madurai in Cr.M.P.No.4403 of 2023 and the same is pending.

3.It appears that the petitioner only filed the private complaint before the learned Judicial Magistrate No.I, Madurai and hence, he has to prosecute his complaint by producing witnesses. If the petitioner has not 2/4

produced his witnesses, neither the respondent police nor the learned Magistrate can be found fault with for the pendency of the complaint. Accordingly,this criminal original petition is dismissed. 08.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Judicial Magistrate No.1, Madurai 2.The Inspector of Police, Land Grabbing Division, District Crime Branch, Madurai.

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

3/4

B.PUGALENDHI,J gns 08.07.2024 4/4