Madras High CourtCRL OP(MD)/11872/2022disposed of

S.Rasalam v. The Inspector Of Police

2022-07-04Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P(MD)No.11872 of 2022 S.Rasalam ... Petitioner Vs.

The State represented by The Inspector of Police, Nesamani Nagar Police Station, Nagercoil, Kaniyakumari District.

(Crime No.123 of 2013)

...Respondent

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to issue a direction to expedite in S.T.C. No. 3 of 2014 on the file of the Judicial Magistrate II, Nagercoil.

For Petitioner : Mr.J.Gunaseelam Muthiah For Respondent : Mr.R.Suresh Kumar Government Advocate (Criminal Side) 1/4

ORDER

This Criminal Original Petition has been filed for speedy disposal of S.T.C. No. 3 of 2014 on the file of the Judicial Magistrate II, Nagercoil.

2. The learned counsel for the petitioner submitted a case was registered against the petitioner in Crime No.123 of 2014 on the file of Nesamani Nagar Police Station. Based on the aforesaid F.I.R, a charge sheet was also filed in S.T.C.No.3 of 2014 on the file of Judicial Magistrate No.II, Nagercoil. The said case is pending for more than nine years. All the parties and witnesses were examined and only the Investigation Officers have to be examined. The trial is posted on 13.07.2022 to examine the Investigation Officer. Due to the pendency of the aforesaid criminal case, the petitioner herein is not able to get his retirement benefits. Hence, he filed this Criminal Original Petition.

3. The learned Government Advocate (Criminal Side) submitted that the prosecution witnesses were examined and only the Investigation Officers have to be examined. He further submitted that the case is posted on 13.07.2022. 2/4

4. I have considered the matter in the light of the submissions made by the learned counsel for both the parties.

5. By accepting the submission of the learned Government Advocate and learned counsel for the petitioner, this Court directs the Judicial Magistrate II, Nagercoil, to examine the Investigation Officers on the date of 13.07.2022 itself and complete the criminal case within a period of one (1) month. This Court further directs the concerned Inspector of Police to make arrangement for examining the Investigation Officers.

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

04.07.2022 Index : Yes / No Internet : Yes/ No Nsr Note:Issue Order copy on 06.07.2022 3/4

V.SIVAGNANAM, J.

Nsr To 1.The Judicial Magistrate II, Nagercoil.

2.The Inspector of Police, Nesamani Nagar Police Station, Nagercoil, Kaniyakumari District.

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

Crl.O.P(MD)No.11872 of 2022 04.07.2022 4/4